Opinion
3523.
Decided May 4, 2004.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered July 21, 2003, which denied appellants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
White McSpedon, P.C., New York (Sally Monteleone of counsel), for appellants.
Budin, Reisman, Kupferberg Bernstein, LLP, Rockville Centre (Robin Mary Heaney of counsel), for respondent.
Before: Nardelli, J.P., Andrias, Sullivan, Ellerin, JJ.
Summary judgment is precluded by unresolved questions of fact concerning whether the moving defendants owned, leased or operated the truck from which plaintiff fell ( see Reliance Ins. Co. v. National Grange Mut. Ins. Co., 225 A.D.2d 1046).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.