Opinion
Argued January 3, 1985
Decided February 5, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred M. Ascione, J.
Robin Mary Heaney for appellants.
Roy M. Warner for respondents.
MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, and plaintiffs' motion for partial summary judgment denied. We agree with Justice Bentley Kassal (100 A.D.2d, at p 33) that summary judgment is inappropriate where, as here, competing inferences may reasonably be drawn as to whether defendant's conduct constituted negligence.
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.
Order reversed, with costs, and plaintiffs' motion for partial summary judgment denied in a memorandum. Question certified answered in the negative.