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Daleo v. James

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 2008
52 A.D.3d 766 (N.Y. App. Div. 2008)

Opinion

No. 2007-05932.

June 24, 2008.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated May 21, 2007, which granted the defendants' motion for summary judgment dismissing the complaint.

Before: Rivera, J.P., Spolzino, Dickerson and Eng, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the evidence submitted in support of the defendants' motion for summary judgment dismissing the complaint was sufficient to establish their entitlement to judgment as a matter of law ( see Vitale v Levine, 44 AD3d 935; Sirico v Beukelaer, 14 AD3d 549; Baker v Staria, 6 AD3d 639). In opposition, the plaintiffs speculative and conclusory assertions failed to raise a triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d 320, 326-327; Vitale v Levine, 44 AD3d at 936; Sirico v Beukelaer, 14 AD3d at 549; Baker v Staria, 6 AD3d at 639; Salazar v Ospina, 253 AD2d 550, 551; Williams v Econ, 221 AD2d 429, 430). The Supreme Court thus properly granted the defendants' motion for summary judgment dismissing the complaint.


Summaries of

Daleo v. James

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 2008
52 A.D.3d 766 (N.Y. App. Div. 2008)
Case details for

Daleo v. James

Case Details

Full title:FRANKLYN G. DALEO, Appellant, v. IAN R. JAMES et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 2008

Citations

52 A.D.3d 766 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5877
859 N.Y.S.2d 375

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