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Parnes v. Mitzy Trans

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 918 (N.Y. App. Div. 2007)

Opinion

No. 2006-11904.

October 23, 2007.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated November 15, 2006, which granted the plaintiffs motion for summary judgment on the issue of liability.

Baker, McEvoy, Morrissey Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for appellants.

Subin Associates, LLP, New York, N.Y. (Brooke Lombardi of counsel), for respondent.

Before: Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability is denied.

The plaintiff failed to establish his prima facie entitlement to judgment as a matter of law. Therefore, the Supreme Court should have denied his motion for summary judgment on the issue of liability ( see Thoma v Ronai, 82 NY2d 736, 737; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). The affidavits and the police accident report submitted by the plaintiff in support of his motion raised a triable issue of fact as to how the accident occurred, and failed to demonstrate as a matter of law that the plaintiff was free from liability ( see Larsen v Spano, 35 AD3d 820, 821; Judice v DeAngelo, 272 AD2d 583). Since the plaintiff failed to meet his initial burden as the movant, we need not review the sufficiency of the defendants' opposition papers.


Summaries of

Parnes v. Mitzy Trans

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 918 (N.Y. App. Div. 2007)
Case details for

Parnes v. Mitzy Trans

Case Details

Full title:JOEL PARNES, Respondent, v. MITZY TRANSPORTATION et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 23, 2007

Citations

44 A.D.3d 918 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8049
843 N.Y.S.2d 518

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