Opinion
2004-00747.
Decided June 28, 2004.
In an action to recover damages for personal injuries, the defendants Olympic Limousine, Inc., and Ilya Trokelashvili appeal from an order of the Supreme Court, Queens County (O'Donoghue, J.), dated December 4, 2003, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Hayes Mensching (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum] of counsel), for appellants.
Sanders, Sanders, Block, Woyick, Viener Grossman, P.C., Mineola, N.Y. (Douglas H. Sanders and Martin Block of counsel), for plaintiff-respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs to the plaintiff-respondent.
The Supreme Court properly denied the motion of the defendants Olympic Limousine, Inc. (hereinafter Olympic), and Ilya Trokelashvili for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. Triable issues of fact exist as to whether Trokelashvili's driving of a motor vehicle owned by Olympic was a cause of the subject motor vehicle accident ( see Morgan v. Laurent, 3 A.D.3d 556; Romano v. 202 Corp, 305 A.D.2d 576; Bodner v. Greenwald, 296 A.D.2d 564; Siegel v. Sweeney, 266 A.D.2d 200, 202; see also Hernandez v. Bestway Beer Soda Distrib., 301 A.D.2d 381).
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.