Opinion
2003-00738.
Decided January 26, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bonina, J.), dated December 5, 2002, as denied that branch of their motion which was for summary judgment on the issue of liability.
Gary E. Rosenberg, P.C., Forest Hills, N.Y. (Harvey L. Woll and Scott Lazar of counsel), for appellants.
Norman Volk Associates, P.C., New York, N.Y. (Holly E. Peck of counsel), for respondents.
Before: DANIEL F. LUCIANO and SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the plaintiffs' motion which was for summary judgment on the issue of liability because issues of fact exist as to whether the taxicab driven by the defendant Aziz Urrehman actually struck the plaintiff Marc A. Konsistorum ( see Zuckerman v. City of New York, 49 N.Y.2d 557).
The plaintiffs' remaining contention is without merit.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.