Bardis v Ubiles

Bardis v Ubiles 2007 NY Slip Op 02682 [38 AD3d 812] March 27, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Elias Bardis, Respondent,
v
Ricardo Ubiles et al., Appellants, and Alexander Razaghi et al., Respondents.

—[*1] Fiedelman, Garfinkel & Lesman (Fiedelman & McGaw, Jericho, N.Y. [Dawn C. DeSimone] of counsel), for appellants.

James G. Bilello, Westbury, N.Y. (Patricia McDonagh and Umberto Correia of counsel), for defendants-respondents.

In an action to recover damages for personal injuries, the defendants Ricardo Ubiles and Visan Fuel Oil Company, Inc., doing business as Reliable Fuel, appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Balter, J.), dated January 3, 2006, as denied that branch of their motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are issues of fact requiring the denial of summary judgment (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Gregson v Terry, 35 AD3d 358, 361 [2006]). Ritter, J.P., Goldstein, Lifson and Angiolillo, JJ., concur.