Lopez v. Coleman

Appellate Division of the Supreme Court of New York

Lopez v. Coleman

265 A.D.2d 454, 696 N.Y.S.2d 857, 1999 N.Y. App. Div. LEXIS 10432

Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1999·Published·Cited by 1 cases

Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated September 29, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There is a triable issue of fact as to whether negligence on the part of the defendant, if any, contributed to the accident (see, Pekar v Abro Serv., 245 AD2d 139). Accordingly, the [455] defendant’s motion for summary judgment is denied. Bracken, J. P., S. Miller, Krausman and H. Miller, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated September 29, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There is a triable issue of fact as to whether negligence on the part of the defendant, if any, contributed to the accident (see, Pekar v Abro Serv., 245 AD2d 139). Accordingly, the [455] defendant’s motion for summary judgment is denied. Bracken, J. P., S. Miller, Krausman and H. Miller, JJ., concur.

Lopez v. Coleman, 265 A.D.2d 454, 696 N.Y.S.2d 857, 1999 N.Y. App. Div. LEXIS 10432 (N.Y. Ct. App. 1999).

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