Opinion
No. 2008-11315.
December 22, 2009.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Saitta, J.), dated September 25, 2008, which granted the plaintiff's motion for summary judgment on the issue of liability.
Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Thomas Torto [Jason Levine], of counsel), for appellants.
Asher Associates, P.C., New York, N.Y. (Robert J. Poblete of counsel), for respondent.
Before: Dillon, J.P., Santucci, Florio and Hall, JJ., concur.
Ordered that the order is affirmed, with costs.
In response to the plaintiff's demonstration of his entitlement to judgment as a matter of law on the issue of liability, the defendants failed to submit evidence sufficient to raise a triable issue of fact ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).