Tingwall v. Lowes Nassau Cinemas, Inc.

Full title: VIRGINIA TINGWALL, Respondent, v. LOWES NASSAU CINEMAS, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 27, 1997

235 A.D.2d 532 (N.Y. App. Div. 1997)

653 N.Y.S.2d 870

Opinion

January 27, 1997.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Levitt, J.), entered September 18, 1995, which denied its motion for summary judgment dismissing the complaint.

Before: Miller, J. P., Ritter, Sullivan, Friedmann and Krausman, JJ.

Ordered that the order is affirmed, with costs.

We agree with the conclusion of the Supreme Court that issues of fact exist which warrant the denial of the defendant's motion ( see, Smith v Key Bank, 206 AD2d 848).