Opinion
May 3, 1999
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The defendants made a prima facie showing that the plaintiffs could not establish that but for the negligence of the defendants the plaintiffs would have been successful in a personal injury action they had sought to commence (see, Purificati v. Meyer Diesenhouse, 243 A.D.2d 697; see also, Platt v. Portnoy, 220 A.D.2d 652). In their opposition to the defendants' motions for summary judgment, the plaintiffs failed to rebut the defendants' showing that they did not have a viable personal injury claim (see, e.g., Garvin v. Rosenberg, 204 A.D.2d 388), and failed to establish the contrary by competent proof so as to raise a triable question of fact on this issue (see, CPLR 3212 [b]). Accordingly, the Supreme Court properly dismissed the complaint as against all of the defendants.
Bracken, J. P., Thompson, Joy and Luciano, JJ., concur.