Opinion
482
April 8, 2003.
Order, Supreme Court, Bronx County (Janice Bowman, J.), entered July 29, 2002, which, in an action for personal injuries and wrongful death arising out of a three-car collision, denied defendants-appellants' motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Richard W. Berne, for plaintiffs-respondents.
John R. Marquez, for defendants-appellants.
Noemi S. Subotovsky, for defendant-respondent.
Before: Buckley, P.J., Tom, Rosenberger, Lerner, Marlow, JJ.
Unresolved issues concerning the circumstances surrounding the accident preclude any findings as a matter of law on the issue of liability, including the applicability of the emergency doctrine (compare Gonzalez v. City of New York, 295 A.D.2d 122).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.