Supreme Court, Appellate Division, 
Second Department, New York.

Francis McCARTNEY, Appellant,
v.
Frank VERDIRAME, Respondent.


Aug. 24, 1998.

 Kirschenbaum & Kirschenbaum, P.C., Garden City, N.Y. (Steven L. Alter of 
counsel), for appellant.

 Murray Lemonik, Jericho, N.Y. (Richard D'Arrigo of counsel), for respondent.


 *520 In an action to recover damages for personal injuries, the plaintiff 
appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated 
September 23, 1997, which denied his motion for summary judgment on the issue of 
liability.

 ORDERED that the order is affirmed, with costs.

 The Supreme Court properly denied the appellant's motion for summary judgment.   
There are material issues of fact which require a trial (see, CPLR 3212[b] ).


 MANGANO, P.J., MILLER, PIZZUTO and KRAUSMAN, JJ., concur.

676 N.Y.S.2d 875 (Mem), 253 A.D.2d 520, 1998 N.Y. Slip Op. 07477

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