Opinion
2005-06859.
May 16, 2006.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered June 30, 2005, which denied its motion for summary judgment dismissing the complaint.
Frank J. Rubino, Corporation Counsel, Yonkers, N.Y. (Michael Levinson of counsel), for appellant.
Lawrence Lewis, South Salem, N.Y. (Annette G. Hasapidis of counsel), for respondent.
Before: Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.
Ordered that the order is affirmed, with costs.
The plaintiff provided sufficient circumstantial evidence to raise a triable issue of fact as to the defendant's negligence ( see Lerner v. Luna Park Hous. Corp., 19 AD3d 553; Sweeney v. D J Vending, 291 AD2d 443).