Opinion
February 17, 1998
Appeal from the Supreme Court, Nassau County (Lally, J.).
Ordered that the order and judgment is reversed, on the law, with casts, the defendant's motion is denied, and the complaint is reinstated.
The defendant failed to meet its initial burden of showing its entitlement to judgment as a matter of law ( see, Kyung Sook Park v. Caesar Chemists, 245 A.D.2d 425; Masotti v. Waldbaums Supermarket, 227 A.D.2d 532). In any event, the plaintiffs' opposition papers established that there are issues of fact which preclude the granting of summary judgment ( see, Negri v. Stop Shop, 65 N.Y.2d 625; Galarza v. Walgreen E. Co., 236 A.D.2d 265; Salaam v. City of New York, 226 A.D.2d 173).
Thompson, J. P., Joy, Goldstein and Luciano, JJ., concur.