Opinion
2010-07731.
Decided on October 4, 2011.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated June 11, 2010, which denied his motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
Georgaklis Mallas, PLLC, Brooklyn, N.Y. (Kostantinos Mallas of counsel), for appellant.
Robert P. Tusa (Sweetbaum Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for respondent.
A. GAIL PRUDENTI, P.J., REINALDO E. RIVERA, LEONARD B. AUSTIN, SHERI S. ROMAN, JJ.
DECISION ORDER
In support of his motion for summary judgment on the issue of liability, the plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324; Zuckerman v City of New York, 49 NY2d 557, 562). Since the plaintiff failed to meet his initial burden as the movant, we need not review the sufficiency of the defendant's opposition papers ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability.
PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.