Opinion
2002-05907
Argued May 15, 2003.
June 2, 2003.
In an action to recover damages for personal injuries, etc., the defendant Robert S. Wilder appeals, the defendant Macedonia Torres separately appeals, and the defendants James E. Shivers and Central Transport, Inc., separately appeal, as limited by their respective briefs, from so much of an order of the Supreme Court, Queens County (Durante, J.), entered April 10, 2002, as denied their respective motions for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (Donald S. Neumann, Jr., of counsel), for appellant Robert S. Wilder.
Finder, Cuomo Adler, LLP, Melville, N.Y. (David H. Allweiss of counsel), for appellant Macedonia Torres.
O'Connor, McGuiness, Conte, Doyle Oleson, White Plains, N.Y. (Katherine A. Lynch of counsel), for appellants James E. Shivers and Central Transport, Inc.
Michael A. Cervini, P.C., Jackson Heights, N.Y. (Robin Mary Heaney of counsel), for plaintiffs-respondents.
Lester Schwab Kastz Dwyer, LLP, New York, N.Y. (Steven B. Prystowsky of counsel), for defendant-respondent Peter D. Graham.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.
We agree with the Supreme Court that there are issues of fact with respect to the happening of the accident, which involved multiple vehicles and impacts (see Gleich v. Volpe, 32 N.Y.2d 517, 522; Pawlukiewicz v. Boisson, 275 A.D.2d 446; Pinkow v. Herfield, 264 A.D.2d 356, 358; Jones v. Liberty Fast Freight Co., 280 App. Div. 935).
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.