Opinion
2012-04-24
Vincent ROBBINS, respondent, v. Gina M. PANZARINO, appellant, et al., defendants.
Richard T. Lau & Associates, Jericho, N.Y. (Keith E. Ford of counsel), for appellant.
In an action to recover damages for personal injuries, the defendant Gina M. Panzarino appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.), entered June 21, 2011, as denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The defendant Gina M. Panzarino (hereinafter the appellant) failed to make a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of any material issues of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572; see Thoma v. Ronai, 82 N.Y.2d 736, 737, 602 N.Y.S.2d 323, 621 N.E.2d 690). The proof submitted by the appellant in support of her motion failed to establish, as a matter of law, that she was not negligent in the happening of the accident ( see Jahangir v. Logan Bus Co., Inc., 89 A.D.3d 1064, 1065, 933 N.Y.S.2d 402; Bishop v. Curry, 83 A.D.3d 1431, 1432, 919 N.Y.S.2d 735; Cali v. Mustafa, 68 A.D.3d 700, 701, 888 N.Y.S.2d 912; Scibelli v. Hopchick, 27 A.D.3d 720, 810 N.Y.S.2d 924; Wallace v. Dubin, 20 A.D.3d 412, 798 N.Y.S.2d 506; Valore v. McIntosh, 8 A.D.3d 662, 779 N.Y.S.2d 782; Eastmond v. Wen Po Wong, 300 A.D.2d 344, 751 N.Y.S.2d 767). The failure to make such a showing required the denial of the appellant's motion, regardless of the sufficiency of the plaintiff's opposition papers ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642).
Accordingly, the Supreme Court properly denied the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.