Opinion
2002-03159
Submitted February 4, 2003.
March 10, 2003.
In an action to recover damages for personal injuries, the plaintiff Louise Mullen appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated February 19, 2002, as granted that branch of the motion of the defendant Angel Marocchi which was for summary judgment dismissing the complaint insofar as asserted by her against him.
Harold Chetrick, P.C., New York, N.Y., for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Gregory S. Katz and Meredith Drucker of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
In opposition to the defendant Angel Marrochi's demonstration of his prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted by the plaintiff Louise Mullen against him, Mullen failed to raise a triable issue of fact (see CPLR 3212[b]; Zuckerman v. City of New York, 49 N.Y.2d 557). Thus, the Supreme Court properly granted that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted by Mullen against Marocchi.
RITTER, J.P., FEUERSTEIN, McGINITY and LUCIANO, JJ., concur.