Opinion
Submitted May 11, 1999
July 12, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Berke, J.), dated June 10, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.
Fine Hummel, P.C., Huntington, N.Y. (Ralph A. Hummel of counsel), for appellant.
Laykind Summers, Franklin Square, N.Y. (Evan B. Cohen of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The defendant, as the proponent of a motion for summary judgment dismissing the complaint, had the initial burden of demonstrating a prima facie entitlement to judgment as a matter of law ( see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851). This burden was not met.