Opinion
Submitted October 2, 2000.
October 30, 2000.
In an action to recover damages for personal injuries, the defendant Noel S. Samburg appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Schmidt, J.), dated August 20, 1999, as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Robert P. Sweeney Associates, Uniondale, N.Y. (Keith E. Ford of counsel), for appellant.
Marino Scotti, Floral Park, N.Y. (Christina A. Marino of counsel), for plaintiff-respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the appellant's motion for summary judgment because he failed to submit sufficient evidence to establish his entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Ferguson v. Gassman, 229 A.D.2d 464; Sullivan v. Locastro, 178 A.D.2d 523).