Opinion
Argued April 16, 1999
June 1, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered June 10, 1998, which denied her motion for summary judgment on the issue of liability.
Tully Burns, Yorktown Heights, N.Y. (Andrew W. Tully of counsel), for appellant.
Wade Clark Mulcahy, New York, N.Y. (Paul F. Clark of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Summary judgment was properly denied as there are issues of fact as to whether the plaintiff contributed to the accident ( see, Davis v. Federated Dept. Stores, 227 A.D.2d 514; see generally, Andre v. Pomeroy, 35 N.Y.2d 361; Seemer v. Seemer, 240 A.D.2d 484).