Opinion
2001-11021, 2001-05595
Submitted November 30, 2001.
December 31, 2001.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Golar, J.), dated May 29, 2001, which denied their motion for summary judgment dismissing the complaint.
Galvano Xanthakis, New York, N.Y. (Steven F. Granville and Kyle Edmonds of counsel), for appellants.
Long Albert, New York, N.Y. (Robert Long and Jack J. Albert of counsel), for respondents.
Before: ANITA R. FLORIO, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendants' motion for summary judgment. The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law (see, CPLR 3212[b]; Ayotte v. Gervasio, 81 N.Y.2d 1062; Alvarez v. Prospect Hosp., 68 N.Y.2d 320). There is a triable issue of fact as to whether the defendants may be liable under a theory of res ipsa loquitur (see, Mikel v. Flatbush Gen. Hosp., 49 A.D.2d 581; Thompson v. Pizza Hut of America, 262 A.D.2d 302).
FLORIO, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.