Opinion
Submitted May 30, 2000.
July 31, 2000.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered June 29, 1999, which denied their motion for summary judgment dismissing the complaint or, in the alternative, for partial summary judgment dismissing the claim to recover punitive damages.
Robert A. Peirce, White Plains, N.Y. (John J. McKenna of counsel), for appellants.
Worby Borowick Groner, LLP, White Plains, N.Y. (Alicia K. Sandberg of counsel), for respondents.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
There are questions of fact which preclude the granting of summary judgment (see, CPLR 3212; Zuckerman v. City of New York, 49 N.Y.2d 557, 562; see also, Vehicle and Traffic Law § 1104 [b][2]; Campbell v. City of Elmira, 84 N.Y.2d 505; McCarthy v. City of New York, 250 A.D.2d 654; Brkani v. City of New York, 211 A.D.2d 740).