Opinion
2002-02653
Argued January 30, 2003.
July 7, 2003.
In an action to recover damages for personal injuries, etc., the defendant, Colonial Steel Corp., appeals from an order of the Supreme Court, Kings County (D. Schmidt, J.), dated December 13, 2001, which denied its motion for summary judgment dismissing the complaint.
Vincent P. Crisci, New York, N.Y., for appellant.
Michael B. Palillo (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondents.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the contention of the defendant, Colonial Steel Corp., the Supreme Court properly denied its motion for summary judgment dismissing the complaint. The defendant failed to tender sufficient evidence demonstrating the absence of any material issues of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853).
SMITH, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.