Opinion
2001-09139
Argued November 4, 2002.
December 2, 2002.
In an action to recover damages for personal injuries, the plaintiff Cristobal Vidals appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated September 5, 2001, which denied his motion for summary judgment dismissing the defendant's counterclaim.
Bryan M. Rothenberg, Mineola, N.Y. (Leslie Camins of counsel), for appellant.
Longo D'Apice, Brooklyn, N.Y. (Mark A. Longo of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, CORNELIUS J. O'BRIEN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellant failed to sustain his burden of establishing entitlement to judgment as a matter of law (see Zuckerman v. City of New York, 49 N.Y.2d 557). Therefore, his motion for summary judgment was properly denied, regardless of the sufficiency of the defendant's opposing papers (see Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851).
FEUERSTEIN, J.P., SMITH, O'BRIEN and ADAMS, JJ., concur.