Passariello v Lockovich
2008 NY Slip Op 08308 [55 AD3d 892]
October 28, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


Frank Passariello, Respondent,
v
Joseph Lockovich, Appellant.

—[*1] Stockschlaeder, McDonald & Sules, P.C., New York, N.Y. (Richard T. Sules and Gail S. Karan of counsel), for appellant.

Calcagno & Associates, Staten Island, N.Y. (Craig A. Borgen of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Gigante, J.), dated August 13, 2007, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

There are issues of fact requiring the denial of summary judgment (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Fisher, J.P., Lifson, Covello and Balkin, JJ., concur.