Opinion
2002-00798
December 2, 2002.
December 23, 2002.
In an action to recover damages for wrongful death and personal injuries, etc., the defendant Joseph Baker, d/b/a J.B. Inexpensive Tree Lawn Service, appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated December 7, 2001, which denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Cullen and Dykman, LLP, Brooklyn, N.Y. (Michael E. Sande and Joseph Miller of counsel), for appellant.
Siben Siben, LLP, Bay Shore, N.Y. (Alan G. Faber and Gerald I. Friedman of counsel), for plaintiffs-respondents.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
There are issues of fact requiring the denial of summary judgment.
RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.