CORVINO v. MOUNT PLEASANT CENTRAL SCHOOL

ORDERED that the appeal by the defendant Mount Pleasant Central School District is dismissed, as it is not aggrieved by the portion of the order appealed from (see CPLR 5511); and it is further,

ORDERED that the cross-appeal is dismissed for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.20 [d][f]); and it is further,

ORDERED that the order is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiffs.

"In deciding a summary judgment motion, the evidence must be construed in a light most favorable to the party opposing the motion" (Benincasa v. Garrubbo, 141 A.D.2d 636, 637; see Weiss v. Garfield, 21 A.D.2d 156; Tassone v. Johannemann, 232 A.D.2d 627; Bunk v. Blue Cross Blue Shield of Utica-Watertown, 244 A.D.2d 862; O'Sullivan v. Presbyterian Hosp. in City of N.Y. at Columbia Presbyt. Med. Ctr., 217 A.D.2d 98). After the defendants made out a prima facie case for summary judgment, the Supreme Court properly concluded that the plaintiffs demonstrated the existence of triable issues of fact sufficient to warrant denial of that branch of the defendants' motion which was for summary judgment dismissing the claim for punitive damages insofar as asserted against the defendant John Koval (see generally Sharapata v. Town of Islip, 56 N.Y.2d 332, 335; Hartford Acc. Ind. Co. v. Village of Hempstead, 48 N.Y.2d 218; see also David XXX v. Saint Catherine's Ctr. for Children, 267 A.D.2d 813).

The defendants' remaining contentions are without merit.

SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.