*1 ================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports.

----------------------------------------------------------------- No. 147 SSM 32

James E. Freligh II,

Appellant,

v.

Government Employees Insurance

Company,

Respondent.

Submitted by Derek J. Spada, for appellant. Submitted by Daisy F. Paglia, for respondent.

* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and case remitted to the Appellate Division, Third Department, for consideration of issues raised but not determined on the appeal to that court. Triable issues of fact exist as to plaintiff's claim for lost wages. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided December 14, 2017