Opinion
May 30, 2000
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated April 23, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Before: Sullivan, J.P., McGinity, H. Miller and Smith, JJ.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contentions, the defendant proffered sufficient evidence in admissible form to demonstrate his entitlement to judgment as a matter of law ( see, Zuckerman v. City of New York, 49 N.Y.2d 557). In opposition, the plaintiff failed to establish the existence of a triable issue of fact ( see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315; Hanak v. Jani, 265 A.D.2d 453; see also, Scheer v. City of New York, 211 A.D.2d 778; cf., Garcia v. Mondragon, 159 A.D.2d 481).
The plaintiff's remaining contentions are without merit.