Opinion
2002-03193
Argued April 11, 2003.
May 12, 2003.
In an action to recover damages for personal injuries, etc., the defendant Bancker Construction appeals from an order of the Supreme Court, Queens County (Flug, J.), dated February 19, 2002, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Tromello, McDonnell Kehoe, Melville, N.Y. (James S. Kehoe of counsel), for appellant.
Decolator, Cohen Di Prisco, LLP, Mineola, N.Y. (John V. Decolator of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant Bancker Construction failed to demonstrate its prima facie entitlement to judgment as a matter of law (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the Supreme Court properly denied the motion for summary judgment.
SANTUCCI, J.P., SMITH, McGINITY and SCHMIDT, JJ., concur.