Opinion
Argued May 10, 1999
June 21, 1999
In an action to declare the rights of the parties under a contract of insurance with respect to whether the defendant Carlos Kneler is an insured under a policy issued to the defendant Nelida Konazewski, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated June 17, 1998, which denied his motion for summary judgment on the complaint.
Bosco, Bisignano Mascolo, Staten Island, N.Y. (John Bosco of counsel), for appellant.
Williamson Williamson, New York, N.Y. (Kimberly A. Carpenter and Jerold Goldstein of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly concluded that there were triable issues of fact as to whether the defendant Carlos Kneler is insured by the subject insurance policy ( see, e.g., Preferred Mut. Ins. Co. v. Ryan, 175 A.D.2d 375).
The plaintiff's remaining contentions are without merit.