Opinion
2002-06860
Argued April 7, 2003.
May 5, 2003.
In an action to recover damages for personal injuries, the defendants Ramana, Inc., and Paul Saryian separately appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated June 10, 2002, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.
Israelson Gold, Plainview, N.Y. (Jeffrey B. Gold of counsel), for appellant Ramana, Inc.
Longo D'Apice, Brooklyn, N.Y. (Mark A. Longo and Jonathan Tabar of counsel), for appellant Paul Saryian.
Russo, Scamardella D'Amato, P.C., Staten Island, N.Y. (Carole R. Larsen of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
As a general rule, a party does not sustain its burden in moving for summary judgment by pointing to gaps in its opponent's proof, but rather, must affirmatively demonstrate the merit of its claim or defense (see Dalton v. Educational Testing Serv., 294 A.D.2d 462; Russell v. Kraft, Inc., 284 A.D.2d 386; Pace v. International Bus. Mach. Corp., 248 A.D.2d 690, 691). The defendants failed to meet their burden herein (cf. Tiano v. Nick's Lobster Seafood Rest. Clam Bar, 300 A.D.2d 469).
The defendants' remaining contentions are without merit.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and COZIER, JJ., concur.