Opinion
Argued February 29, 2000.
April 13, 2000.
In an action to recover damages for personal injuries, the defendant Allied Van Lines, Inc., appeals from an order of the Supreme Court, Queens County (Schmidt, J.), dated May 6, 1999, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Goldberg Marin, New York, N.Y. (Alyson M. Sciacca of counsel), for appellant.
Easton Clark, Levittown, N.Y. (Steven L. Alter of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, SONDRA MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment as there is a triable issue of fact as to whether its vehicle was involved in the subject accident (see, Baptiste v. Roberts, 249 A.D.2d 256 ).