Opinion
January 17, 1995
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant's cross motion for summary judgment was properly denied, as he failed to establish his entitlement to judgment in his favor as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557). We agree with the Supreme Court that the pleadings present credibility issues which should not be resolved on a motion for summary judgment (see, Krupp v. Aetna Life Cas. Co., 103 A.D.2d 252, 262). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.