Shaub v. City of New York — 253 A.D.2d 462

Majority

p. 462

Helen Shaub, Respondent, v City of New York, Defendant, and Ralph Trocchia et al., Appellants.

[675 NYS2d 323]

In an action to recover damages for personal injuries, the defendants Ralph Trocchia and Joyce Cross appeal from an order of the Supreme Court, Kings County (Bruno, J.), dated September 3, 1997, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

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

There are issues of fact requiring the denial of summary judgment. Mangano, P. J., Copertino, Joy and Florio, JJ., concur.