
    Nicholas Fulfaro, Respondent, v Makita U.S.A., Inc., Appellant, et al., Defendant. (And a Third-Party Action.)
    [682 NYS2d 629]
   —In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 21, 1998, which denied its motion, inter alia, for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court properly denied the defendant’s motion (see, CPLR 3212 [b]). Miller, J. P., Thompson, McGinity and Luciano, JJ., concur.  