Opinion
2003-00155.
Decided January 26, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (F. Rivera, J.) dated December 6, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.
Harmon, Linder Rogowsky, New York, N.Y. (Jenna Anderson of counsel), for appellant.
Ahmuty, Demers McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents.
Before: DANIEL F. LUCIANO and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
We reverse the Supreme Court's order granting the defendant's motion for summary judgment dismissing the complaint, since there are triable issues of fact as to whether the conduct of the defendant Randolph Laurent contributed to the cause of the subject motor vehicle accident ( see Romano v. 202 Corp., 305 A.D.2d 576).
FLORIO, J.P., SMITH, LUCIANO and RIVERA, JJ., concur.