Opinion
Submitted December 22, 1999
February 10, 2000
In an action, inter alia, to recover damages for negligence, the defendants appeal from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated January 29, 1999, which denied their motion for summary judgment dismissing the complaint.
Vincent D. McNamara, East Norwich, N.Y. (Joseph F. Pusateri of counsel), for appellants.
Michael Swaaley, Staten Island, N.Y., for respondent.
WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants did not meet their initial burden of setting forth evidentiary facts sufficient to establish their entitlement to judgment as a matter of law. Thus, the Supreme Court properly denied their motion (see, Fabbricatore v. Lindenhurst Union Free School District, 259 A.D.2d 660 ).