Opinion
2011-10-18
TUNG WA MA, etc., et al., plaintiffs-respondents,v.NEW YORK CITY TRANSIT AUTHORITY, et al., appellants,David I. Cho, et al., defendants-respondents, et al., defendants.
Morris Duffy Alonso & Faley, New York, N.Y. (Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellants.*255 Jonathan D'Agostino & Associates, P.C., Staten Island, N.Y. (Glen Devora of counsel), for plaintiffs-respondents.
In an action to recover damages for personal injuries, etc., the defendants New York City Transit Authority, New York City Metropolitan Transportation Authority, MTA Bus Company, and Ernie Lamboy appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Cullen, J.), entered August 25, 2010, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the motion of the defendants New York City Transit Authority, New York City Metropolitan Transportation Authority, MTA Bus Company, and Ernie Lamboy (hereinafter collectively the appellants) for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, as the appellants failed to establish their prima facie entitlement to judgment as a matter of law. The appellants failed to establish that they were free from negligence as a matter of law ( see Pollack v. Margolin, 84 A.D.3d 1341, 1342, 924 N.Y.S.2d 282; Lopez v. Reyes–Flores, 52 A.D.3d 785, 786, 861 N.Y.S.2d 389).
RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.