Opinion
2003-04861.
Decided December 15, 2003.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 30, 2003, which denied its motion for summary judgment dismissing the complaint.
Susan B. Owens, White Plains, N.Y. (Paul L. Neugebauer of counsel), for appellant.
Albert W. Cornachio, P.C., Purchase, N.Y. (Albert W. Cornachio III of counsel), for respondent.
Before: WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed. The defendant made a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court erred in denying the defendant's motion for summary judgment.
RITTER, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.