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MORRISSEY v. FRONTIER COMMUNICATIONS OF NEW YORK, INC.

283 A.D.2d 408 (2001)

723 N.Y.S.2d 882

RICHARD J. MORRISSEY et al., Appellants, v. FRONTIER COMMUNICATIONS OF NEW YORK, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 7, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improperly granted the defendant's motion for summary judgment dismissing the complaint. Triable issues of fact exist as to whether the defendant was negligent (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557

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