Crisano v. Spellman

—In an action to recover damages for personal injuries, etc., the defendant John D. Goldstein appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Berry, J.), dated July 11, 2001, as denied that branch of his motion which was for summary judgment dismissing the complaint insofar as asserted against him.

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

The evidence submitted in connection with the appellant’s motion reveals the existence of triable issues of fact as to whether the appellant violated section 1160 (b) of the…