JACKSON v. NORTHSIDE FUEL OIL CORP

Ordered that the order is affirmed insofar as appealed from, with costs.

A review of the record reveals that material triable issues exist which preclude granting summary judgment. The defendant has failed to establish as a matter of law that it provided adequate warnings of the danger inherent in its product to the plaintiff's employer, and that such warnings were known to the injured plaintiff, an employee (see, Cohen v. St. Regis Paper Co., 65 N.Y.2d 752). Accordingly, the motion by Goodyear Tire Rubber Company for partial summary judgment was properly denied. Kooper, J.P., Spatt, Harwood and Rosenblatt, JJ., concur.