Opinion
2002-04527
Argued April 17, 2003.
May 5, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Winslow, J.), entered April 4, 2002, as, upon an order of the same court, dated February 8, 2002, granting the separate motions of the defendants Gregory Massaro and Dan Duffy for summary judgment dismissing the complaint insofar as asserted against them, is in favor of the respondents and against him dismissing the complaint insofar as asserted against those defendants.
Albanese Albanese, LLP, Garden City, N.Y. (Bruce W. Migatz of counsel), for appellant.
Devitt, Spellman, Barrett, Callahan Kenney, LLP, Smithtown, N.Y. (Diane K. Farrell of counsel), for respondent Gregory Massaro.
Frankfort Koltun, Deer Park, N.Y. (Robert Frankfort and Scott A. Koltun of counsel), for respondent Dan Duffy.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly granted the respective motions of the defendants Gregory Massaro and Dan Duffy for summary judgment dismissing the complaint insofar as asserted against them. Those defendants demonstrated their prima facie entitlement to judgment as a matter of law (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853), and, in opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
SANTUCCI, J.P., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.