Opinion
Decided November 24, 1998
Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department of Kings County; Michael J. Garson, J.
Brian J. Shoot and James M. Lane of counsel, for appellant.
Herbert Rubin, David B. Hamm and Miriam Skolnik of counsel, for respondent.
Order reversed, with costs, and defendant's motion for summary judgment denied (see, Burgos v. Aqueduct Realty Corp., ___ N.Y.2d ___ [decided today]).
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick and Wesley concur.