Opinion
2002-01766
Argued January 24, 2003.
February 18, 2003.
In an action to recover damages for personal injuries, etc., the defendants Kelly L. Morrow, a/k/a Beverly Morrow, and Amanda M. Pereira, s/h/a Amanda M. Pereina, appeal from an order of the Supreme Court, Richmond County (Minardo, J.), dated November 20, 2001, which denied the motion of Amanda M. Periera, s/h/a Amanda M. Pereina, for summary judgment dismissing the complaint insofar as asserted against her.
Smith Mazure Director Wilkins Young Yagerman Tarallo, P.C., New York, N.Y. (Constantine Vlavianos of counsel), for appellants.
Tracy, Lucarelli, Stilwell Castaldi, LLP, Staten Island, N.Y. (Rodney Stilwell and Thomas Sullivan of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal by the defendant Kelly L. Morrow, a/k/a Beverly Morrow, is dismissed, as she is not aggrieved by the order (see CPLR 5511); and it is further,
ORDERED that the order is affirmed insofar as reviewed; and it is further,
ORDERED that one bill of costs is awarded to the plaintiffs.
The defendant Amanda M. Pereira, s/h/a Amanda M. Pereina, failed to demonstrate her prima facie entitlement to judgment as a matter of law dismissing the plaintiffs' cause of action for negligent entrustment (see Troncoso v. Home Depot, 258 A.D.2d 644; see also Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557; Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851). Accordingly, the Supreme Court properly denied the motion for summary judgment.
FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.