Opinion
2002-05853
Argued May 22, 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 (Golia, J.), dated April 18, 2002, which denied its motion for summary judgment dismissing the complaint and granted the plaintiff's cross motion for further discovery.
Bartlett, McDonough, Bastone Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro, Jr., of counsel), for appellant.
Baram Kaiser, Garden City, N.Y. (Steven S. Kaiser of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the complaint is dismissed.
In opposition to the defendant's prima facie showing that it neither breached a duty of care owed to the plaintiff, nor proximately caused the plaintiff's injuries, the plaintiff failed to come forward with sufficient evidence to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the defendant's motion for summary judgment should have been granted and the cross motion denied.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.