| Demant v Rochevet |
| 2007 NY Slip Op 06823 [43 AD3d 981] |
| September 18, 2007 |
| Appellate Division, Second Department |
| Marc Demant et al., Appellants, v Ronald J. Rochevet etal., Respondents. |
—[*1] John T. Ryan & Associates, Riverhead, N.Y. (Robert F. Horvat of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiffs appeal from an order ofthe Supreme Court, Suffolk County (Pitts, J.), dated September 5, 2006, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summaryjudgment dismissing the complaint is denied.
As the plaintiff Marc Demant (hereinafter the plaintiff) made a left turn into an intersection, avehicle operated by the defendant Ronald J. Rochevet struck the plaintiff's vehicle. Thedefendants failed to establish their prima facie entitlement to summary judgment (seeWinegrad v New York Univ. Med. Ctr., 64 NY2d 851, 852 [1985]). Rochevet failed to showthat he kept a proper lookout and exercised due care to avoid colliding with the plaintiff's vehicle(see Scibelli v Hopchick, 27 AD3d720 [2006]; Cox v Nunez, 23AD3d 427 [2005]; Romano v 202 Corp., 305 AD2d 576, 577 [2003]; cf. Millus vMilford, 289 AD2d 543 [2001]).
Since the defendants failed to establish, prima facie, their entitlement to judgment as a matterof law, the burden never shifted to the plaintiffs, and the sufficiency of the papers submitted inopposition to the motion need not be considered (see Winegrad v New York Univ. Med. Ctr.,supra at 853; Kolosovskiy v Vitale,7 AD3d 579 [2004]). Crane, J.P., Goldstein, Covello and Dickerson, JJ., concur.