Appellate Division of the Supreme Court of the State of New York May 20, 1996 (DiPietro v. Duhl)

In an action to recover damages for personal injuries, etc., the defendant Phoenix Combustion Co. appeals from so much of an order of the Supreme Court, Kings County (Feinberg, J.), dated April 21, 1995, as denied its motion for summary judgment.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Phoenix Combustion Co.