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Bukharetsky v. Court St. Off. Supplies

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2011
82 A.D.3d 812 (N.Y. App. Div. 2011)

Opinion

No. 2010-05250.

March 8, 2011.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated April 7, 2010, which granted the plaintiffs' motion for summary judgment on the issue of liability.

Cohen, Kuhn Associates, New York, N.Y. (Anthony Bianchi of counsel), for appellants.

Frank Seskin, LLP, New York, N.Y. (Scott H. Seskin of counsel), for respondents.

Before:Covello, J.P., Lott, Roman and Miller, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability. The plaintiffs made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the defendant driver, Eli Beilus, was negligent in suddenly backing a van, owned by the defendant Court Street Office Supplies, Inc., into the cross walk where the plaintiff Josef Bukharetsky was standing, without taking proper precautions ( see Vehicle and Traffic Law § 1211 [a]; Ortiz v Calavera, 26 AD3d 319; Garcia v Verizon N.Y., Inc., 10 AD3d 339; Pressner v Serrano, 260 AD2d 458, 459). In opposition, the defendants failed to raise a triable issue of fact. The defendants' contention in opposition that triable issues of fact were raised as to the comparative negligence of the plaintiff Josef Bukharetsky was speculative and unsupported by the record ( see Williams v Econ, 221 AD2d 429, 430; Ortiz v Calavera, 26 AD3d at 319). Moreover, the defendants failed to demonstrate that further discovery was warranted ( see Benedikt v Certified Lbr. Corp., 60 AD3d 798; Lopez v WS Distrib., Inc., 34 AD3d 759, 760).

Accordingly, the Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability.


Summaries of

Bukharetsky v. Court St. Off. Supplies

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 2011
82 A.D.3d 812 (N.Y. App. Div. 2011)
Case details for

Bukharetsky v. Court St. Off. Supplies

Case Details

Full title:JOSEF BUKHARETSKY et al., Respondents, v. COURT STREET OFFICE SUPPLIES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 8, 2011

Citations

82 A.D.3d 812 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1783
918 N.Y.S.2d 367

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