Lopresti v. Avrutin

Full title: MARILYN LOPRESTI, Respondent, v. DAVID AVRUTIN et al., Appellants

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

Date published: Nov 25, 1996

233 A.D.2d 482 (N.Y. App. Div. 1996)

650 N.Y.S.2d 981

Opinion

November 25, 1996.

In a negligence action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Dye, J.), dated November 20, 1995, which denied their motion for summary judgment dismissing the complaint.

Before: Miller, J.P., Ritter, Sullivan, Friedmann and Krausman, JJ.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court's determination that there is sufficient evidence in the record to raise triable issues of fact regarding the nature, extent, and cause of the plaintiffs alleged injuries. Accordingly, the defendants' motion for summary judgment was properly denied ( see, Zuckerman v City of New York, 49 NY2d 557).