| Kligman v Guevara |
| 2005 NY Slip Op 04374 [18 AD3d 821] |
| May 31, 2005 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Manana Kligman, Respondent, v Leopoldo Guevara et al., Appellants. |
—[*1]In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Kelly, J.), dated June 7, 2004, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly determined that there are triable issues of fact concerning how the subject automobile accident occurred and who was at fault in the happening of the accident (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Cozier, J.P., Ritter, Santucci and Luciano, JJ., concur.