Opinion
2015-01-28
Kirke STANFIELD, appellant, v. O & B HACKING CORP., et al., respondents.
Chirico Law, PLLC, Brooklyn, N.Y. (Vincent Chirico of counsel), for appellant. Gerber & Gerber, PLLC, Brooklyn, N.Y. (Thomas Torto and Jason Levine of counsel), for respondents.
Chirico Law, PLLC, Brooklyn, N.Y. (Vincent Chirico of counsel), for appellant. Gerber & Gerber, PLLC, Brooklyn, N.Y. (Thomas Torto and Jason Levine of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Weiss, J.), entered June 26, 2013, which denied her motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
In support of her motion for summary judgment on the issue of liability, the plaintiff established her prima facie entitlement to judgment as a matter of law, including her freedom from comparative fault ( see Kusz v. New York City Tr. Auth., 88 A.D.3d 768, 930 N.Y.S.2d 892; Martinez v. Kreychmar, 84 A.D.3d 1037, 1038, 923 N.Y.S.2d 648; Rosenblatt v. Venizelos, 49 A.D.3d 519, 520, 853 N.Y.S.2d 578). However, in opposition thereto, the defendants raised a triable issue of fact, inter alia, as to how the subject accident occurred ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572; Batties v. City of New York, 118 A.D.3d 650, 986 N.Y.S.2d 349).
The parties' remaining contentions are either without merit or need not be reached in light of our determination.
Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability. RIVERA, J.P., DICKERSON, ROMAN and COHEN, JJ., concur.