Opinion
2001-06746
Submitted May 9, 2002.
October 20, 2003.
In an action to recover damages for personal injuries, the defendant Tibbets Associates appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Winick, J.), entered June 28, 2001, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
John T. Ryan, Garden City, N.Y. (Paul D. Lawless of counsel), for appellant.
Cronin Byczek, LLP, Lake Success, N.Y. (Eric S. Crusius of counsel), for plaintiff-respondent.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for defendant-respondent Jeffrey M. Brown Associates, Inc.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment, as issues of fact exist with regard to its alleged negligence and the proximate cause of the accident ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).
FEUERSTEIN, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.