Lopez v. Coleman

Full title: RUPERTA LOPEZ, et al., appellants, v. DIANE COLEMAN, respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1999

265 A.D.2d 454 (N.Y. App. Div. 1999)

696 N.Y.S.2d 857

Opinion

Submitted September 13, 1999

October 21, 1999

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated September 29, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

There is a triable issue of fact as to whether negligence on the part of the defendant, if any, contributed to the accident (see, Pekar v. Abro Serv., 245 A.D.2d 139). Accordingly, the defendant's motion for summary judgment is denied.

BRACKEN, J.P., S. MILLER, KRAUSMAN, and H. MILLER, JJ., concur.