VITTI v. MALONEY

Order affirmed insofar as appealed from, with costs.

A thorough review of the record indicates that there are several issues of fact which warrant a trial and which thereby preclude summary judgment ( see, Lagzdins v. United Welfare Fund-Security Div. Marriott Corp., 77 A.D.2d 585; Parello v Clover Leaf Towers Corp., 38 A.D.2d 731). Moreover, summary judgment may be properly denied where, as here, the facts surrounding the accident are solely within the knowledge of the moving party ( see, Parsolano v. County of Nassau, 93 A.D.2d 815). Accordingly, we affirm the order insofar as appealed from. Gibbons, J.P., Bracken, O'Connor and Brown, JJ., concur.