Opinion
2001-09859
Submitted September 4, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated September 18, 2001, which denied its motion for summary judgment dismissing the complaint.
Keller, O'Reilly Watson, P.C., Woodbury, N.Y. (Laurence G. McDonnell of counsel), for appellant.
Cardali Cardali, P.C. (Pollack, Pollack, Isaac DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
ORDERED that the order is affirmed, with costs.
The defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Hosp. Med. Center, 64 N.Y.2d 851). In view of the foregoing, it is not necessary to consider the sufficiency of the opposing papers (see Alvarez v. Prospect Hosp., supra).
ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.