Opinion
Submitted October 4, 2000.
October 30, 2000.
In an action to recover damages for personal injuries, etc., the defendant Livio Forte appeals from an order of the Supreme Court, Kings County (Pincus, J.), dated October 6, 1999, which denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Diamond, Paino, Cardo, King, Peters Fodera, Brooklyn, N Y (Deborah F. Peters of counsel), for appellant.
Clark Maffei, New York, N.Y. (Robert D. Clark of counsel), for plaintiff-respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs to the plaintiff.
The Supreme Court properly denied the appellant's motion for summary judgment, as a triable issue of fact remains with respect to the plaintiff's employment status (see, Thompson v. Grumman Aerospace Corp., 78 N.Y.2d 553; Kramer v. NAB Constr. Corp., 250 A.D.2d 818; Fontus v. D J School Bus, 249 A.D.2d 361).