Opinion
1512
June 27, 2002.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 28, 2001, which denied plaintiffs' motion for partial summary judgment as to liability, unanimously affirmed, without costs.
W. MATTHEW SAKKAS, for plaintiffs-appellants.
PHILIP J. DILLON, for defendants-respondents.
Before: Andrias, J.P., Buckley, Rosenberger, Wallach, Gonzalez, JJ.
Drawing all reasonable inferences in favor of defendants as opponents of the motion (see, Graham v. Columbia Presbyt. Med. Ctr., 185 A.D.2d 753, 755), we conclude that summary judgment was properly denied. The interpretation of, and relative weight to be accorded to, the statement attributed to Mr. Koritz in the police report, even if admissible as a party admission, is for the jury (see, Shea v. Johnson, 101 A.D.2d 1018) and plaintiff's submissions did not suffice to prove causation as a matter of law.
We have considered and rejected plaintiffs' other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.