Opinion
2003-01461
Argued May 29, 2003.
June 16, 2003.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Hart, J.), dated July 25, 2002, which denied its motion for summary judgment dismissing the complaint.
Steven G. Fauth, New York, N.Y. (Brian C. McSharry of counsel), for appellant.
Charles Berkman (Ephrem Wertenteil, New York, N.Y., of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In response to the defendant's prima facie showing of entitlement to judgment as a matter of law dismissing the plaintiffs' action (see Christopher v. New York City Tr. Auth., 300 A.D.2d 336; Garvin v. Rosenberg, 204 A.D.2d 388), the plaintiff demonstrated the existence of a triable issue of fact (cf. Nigri v. City of New York, 294 A.D.2d 477). Accordingly, the motion for summary judgment dismissing the complaint was properly denied (see generally Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.