Opinion
Argued October 1, 1999
November 8, 1999
John Marshall, Plainview, N.Y., for appellant.
McDonnell, Adels Goodstein, P.C. (Majewski Poole, LLP, Garden City, N.Y. [Michael Majewski, Nicole Norris Poole, and Anita Nissan Yehuda] of counsel), for respondent.
WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated January 4, 1999, as denied his motion for summary judgment against the defendant Sondra D. Lieberman.
ORDERED that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that there are triable issues of fact concerning the reasonableness of the conduct of the defendant Sondra D. Lieberman, which preclude the award of summary judgment in this case (see, Hurley v. Izzo, 248 A.D.2d 674 ; LaFond v. City of New York, 245 A.D.2d 268 ).
The plaintiff's remaining contentions are without merit.
FRIEDMANN, J.P., FLORIO, SCHMIDT, and SMITH, JJ., concur.