Opinion
2003-00135.
Decided December 8, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated November 18, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.
Dell Little, LLP, (John S. McDonnell and Anne Marie Caradonna of counsel), for appellant.
Jacobowitz, Garfinkel Lesman (Fiedelman McGaw, Jericho, [James K. O'Sullivan] of counsel), for respondent.
Before: ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant established its prima facie entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr. 64 N.Y.2d 851) . In opposition to the defendant's motion, the plaintiff failed to come forward with evidence sufficient to raise a triable issue of fact ( see Winegrad v. New York Univ. Med. Ctr., supra).
The plaintiff's remaining contention is without merit.
McGINITY, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.