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Brown v. Bristal Assisted Living at Lynbrook

Supreme Court, Appellate Division, Second Department, New York.
Apr 8, 2015
127 A.D.3d 802 (N.Y. App. Div. 2015)

Opinion

04-08-2015

Mary BROWN, etc., et al., appellants, v. BRISTAL ASSISTED LIVING AT LYNBROOK, et al., respondents, et al., defendants.

Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellants. Goldberg Segalla LLP, Garden City, N.Y. (Brendan T. Fitzpatrick and Brian W. McElhenny of counsel), for respondents.


Sim & Record, LLP, Bayside, N.Y. (Sang J. Sim of counsel), for appellants.

Goldberg Segalla LLP, Garden City, N.Y. (Brendan T. Fitzpatrick and Brian W. McElhenny of counsel), for respondents.

Opinion In an action to recover damages for personal injuries and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered April 12, 2013, which granted the motion of the defendants Bristal Assisted Living at Lynbrook, Town of Hempstead Industrial Development Agency, and Ultimate Care New York, LLC, for summary judgment dismissing the complaint insofar as asserted against them.ORDERED that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint insofar as asserted against them, the defendants Bristal Assisted Living at Lynbrook, Town of Hempstead Industrial Development Agency, and Ultimate Care New York, LLC (hereinafter collectively the Bristal defendants), established their prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiffs could not identify the cause of their decedent's fall (see Knudsen v. Mamaroneck Post No. 90, Dept. of N.Y.-Am. Legion, Inc., 94 A.D.3d 1058, 942 N.Y.S.2d 800 ; Califano v. Maple Lanes, 91 A.D.3d 896, 897, 938 N.Y.S.2d 140 ; Morgan v. Windham Realty, LLC, 68 A.D.3d 828, 829, 890 N.Y.S.2d 621 ; Costantino v. Webel, 57 A.D.3d 472, 869 N.Y.S.2d 179 ). In opposition, the plaintiffs failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718 ). Accordingly, the Supreme Court properly granted the Bristal defendants' motion for summary judgment dismissing the complaint insofar as asserted against them.

RIVERA, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.


Summaries of

Brown v. Bristal Assisted Living at Lynbrook

Supreme Court, Appellate Division, Second Department, New York.
Apr 8, 2015
127 A.D.3d 802 (N.Y. App. Div. 2015)
Case details for

Brown v. Bristal Assisted Living at Lynbrook

Case Details

Full title:Mary BROWN, etc., et al., appellants, v. BRISTAL ASSISTED LIVING AT…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 8, 2015

Citations

127 A.D.3d 802 (N.Y. App. Div. 2015)
4 N.Y.S.3d 894
2015 N.Y. Slip Op. 2925