Opinion
2014-06-4
Dana MULLEN, plaintiff-respondent, v. STREET COWBOY TAXI, INC., et al., defendants-respondents, Nicole Renee July, appellant.
Andrea G. Sawyers, Melville, N.Y. (Jennifer M. Belk of counsel), for appellant. Suris & Associates, P.C., Melville, N.Y. (Ray Suris, Susan R. Nudelman, and Christopher Doelger of counsel), for plaintiff-respondent.
Andrea G. Sawyers, Melville, N.Y. (Jennifer M. Belk of counsel), for appellant. Suris & Associates, P.C., Melville, N.Y. (Ray Suris, Susan R. Nudelman, and Christopher Doelger of counsel), for plaintiff-respondent.
Gerber & Gerber, PLLC, New York, N.Y. (Thomas Torto and Jason Levine of counsel), for defendants-respondents.
In an action to recover damages for personal injuries, the defendant Nicole Renee July appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated January 24, 2013, which denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.
ORDERED that the order is affirmed, with one bill of costs payable to the plaintiff-respondent and the defendants-respondents appearing separately and filing separate briefs.
The Supreme Court properly concluded that the appellant's submissions in support of her motion for summary judgment revealed the existence of triable issues of fact as to how the subject multi-vehicle accident occurred, thus precluding the granting of summary judgment ( see Veltri v. Solomon, 107 A.D.3d 699, 966 N.Y.S.2d 490;Hudson v. Cole, 264 A.D.2d 439, 694 N.Y.S.2d 692;Sanford v. Stillitano, 241 A.D.2d 489, 660 N.Y.S.2d 67;Omrami v. Socrates, 227 A.D.2d 459, 642 N.Y.S.2d 932). Since the appellant failed to meet her prima facie burden, her motion was properly denied regardless of the sufficiency of the opposing papers ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642). MASTRO, J.P., ROMAN, HINDS–RADIX and LASALLE, JJ., concur.