¶1—In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated January 21, 1997, which denied his motion for summary judgment.
¶2Ordered that the order is affirmed, with costs.
¶3As we found in the companion case of Costigan v Beckerman (249 AD2d 502 [decided herewith]) triable issues of fact preclude an award of summary judgment. Bracken, J. P., Thompson, Pizzuto and Florio, JJ., concur.