Opinion
Submitted December 2, 1999
January 27, 2000
In an action to recover damages for personal injuries, in which the Public Administrator, Kings County, was substituted as the plaintiff on behalf of the estate of Johnny Vigo, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated December 22, 1998, as denied his motion for summary judgment dismissing the complaint.
Smith Mazure Director Wilkins Young Yagerman Tarallo, P.C., New York, N.Y. (Steven I. Brizel of counsel), for appellant.
Hesterberg Keller, P.C., New York, N.Y. (Donald R. Billett of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
There are issues of fact which preclude the granting of summary judgment ( see, Tishman v. City of New York, 30 A.D.2d 854, affd 25 N.Y.2d 978).
BRACKEN, J.P., JOY, GOLDSTEIN, and FLORIO, JJ., concur.