Youseflaleh v Demedina
2007 NY Slip Op 05267 [41 AD3d 593]
June 12, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Masoud Youseflaleh et al., Appellants,
v
Frank Demedina et al., Respondents.

—[*1] Oshman & Mirisola, LLP, New York, N.Y. (David L. Kremen of counsel), for appellants.

Edward Garfinkel, New York, N.Y. (Fiedelman & McGaw [Ross P. Masler] of counsel), for respondents Fleet Auto Service, Inc., and Fleet Auto Service.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated September 20, 2006, which denied their motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that there are triable issues of fact requiring the denial of summary judgment (see CPLR 3212). Rivera, J.P., Spolzino, Florio and Angiolillo, JJ., concur.