Opinion
2001-06359
Submitted January 14, 2002.
February 19, 2002.
In an action, inter alia, to recover damages for the negligent infliction of extreme mental anguish, the defendant appeals from an order of the Supreme Court, Kings County (Garry, J.), dated May 29, 2001, which denied its motion for summary judgment dismissing the complaint.
Hughes Hubbard Reed, LLP, New York, N.Y. (Vilia B. Hayes, Beatrice A. Hamza, and Natasha D. Thompson of counsel), for appellant.
Gardiner Nolan, Brooklyn, N.Y. (Thomas J. Nolan of counsel), for respondents.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, SONDRA MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In support of its motion for summary judgment, the defendant made a prima facie showing that it was immune from liability pursuant to Social Services Law § 419. The burden then shifted to the plaintiffs to produce evidentiary proof in admissible form sufficient to establish the existence of a triable issue of fact requiring trial of the action (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Romano v. St. Vincent's Med. Center of Richmond, 178 A.D.2d 467). The plaintiffs failed to meet this burden.
In light of our determination, the defendant's remaining contention is without merit.
PRUDENTI, P.J., ALTMAN, S. MILLER and COZIER, JJ., concur.