Opinion
Argued February 17, 2000
March 30, 2000
In an action to recover damages for personal injuries, the defendant Thomas Ferris appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 21, 1998, which denied his motion for summary judgment dismissing the complaint insofar as asserted against him.
Lewis, Johs, Avallone, Aviles Kaufman (John M. Denby, East Setauket, N.Y., of counsel), for appellant.
Nieroda Associates, P.C., Bay Shore, N.Y. (Daniel W. Nieroda of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured during a barroom fight involving the appellant, Thomas Ferris. Given the parties' sharply conflicting deposition testimony as to the events which led to the plaintiff's injury, the appellant's motion for summary judgment was properly denied (see, Zuckerman v. City of New York, 49 N.Y.2d 557 ; see also, Squires v. Hazen, 138 A.D.2d 881 ).
SANTUCCI, J.P., JOY, THOMPSON, and GOLDSTEIN, JJ., concur.