Opinion
June 5, 1995
Appeal from the Supreme Court, Nassau County (Feuerstein, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Although the defendant issued an incomplete denial of claim form to the plaintiff, there is a question of fact regarding whether the event that caused Jorge Acevedo's injuries is covered by his contract of insurance with the defendant. Thus, the plaintiff's motion for summary judgment was properly denied (see, e.g., Zappone v. Home Ins. Co., 55 N.Y.2d 131; Schiff Assocs. v. Flack, 51 N.Y.2d 692; Presbyterian Hosp. v. Atlanta Cas. Co., 210 A.D.2d 210; Lancer Ins. Co. v. Peterson, 175 A.D.2d 239, 240; Employers Ins. v. County of Nassau, 141 A.D.2d 496; Locascio v. Atlantic Mut. Ins. Co., 127 A.D.2d 746; Horney v. Tisyl Taxi Corp., 93 A.D.2d 291; Matter of Manhattan Bronx Surface Tr. Operating Auth. [Gholson], 71 A.D.2d 1004). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.