Opinion
2002-06028
Argued March 10, 2003.
March 31, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Mason, J.), entered June 5, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.
Lipsig Shapey Manus Moverman, P.C. (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant.
Bruce A. Lawrence, Brooklyn, N.Y. (Christine L. Fontaine and R.A. Hulten of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The defendant made out a prima facie case for summary judgment. However, in opposition, the plaintiff raised a triable issue of fact with respect to apparent authority (see Roach v. Szatko, 244 A.D.2d 470, 472; Maurillo v. Park Slope U-Haul, 194 A.D.2d 142, 147). Accordingly, the Supreme Court improperly granted the defendant's motion for summary judgment dismissing the complaint where Charles Vizzini, the father of the defendant's president, might be found to have been acting as its agent.
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., KRAUSMAN, TOWNES and MASTRO, JJ., concur.