Opinion
Submitted March 14, 2001.
April 5, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 7, 2000, which granted the defendant's motion for summary judgment dismissing the complaint.
Siben Ferber, LLP, Hauppauge, N.Y. (Leonard G. Kapsalis of counsel), for appellant.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N Y [Marshall D. Sweetbaum] of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence demonstrating that the vehicle of the plaintiff's decedent crossed over into the lane in which the vehicle of the defendant's decedent was traveling. In opposition, the plaintiff failed to raise a triable issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Andre v. Pomeroy, 35 N.Y.2d 361; Foresto v. Long Is. Light. Co., 272 A.D.2d 51 4). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.