| Parnes v Mitzy Transp. |
| 2007 NY Slip Op 08049 [44 AD3d 918] |
| October 23, 2007 |
| Appellate Division, Second Department |
| Joel Parnes, Respondent, v Mitzy Transportation et al.,Appellants. |
—[*1] Subin Associates, LLP, New York, N.Y. (Brooke Lombardi of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Knipel, J.), dated November 15, 2006, which granted theplaintiff's motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion forsummary judgment on the issue of liability is denied.
The plaintiff failed to establish his prima facie entitlement to judgment as a matter of law.Therefore, the Supreme Court should have denied his motion for summary judgment on the issueof liability (see Thoma v Ronai, 82 NY2d 736, 737 [1993]; Winegrad v New YorkUniv. Med. Ctr., 64 NY2d 851 [1985]). The affidavits and the police accident reportsubmitted by the plaintiff in support of his motion raised a triable issue of fact as to how theaccident occurred, and failed to demonstrate as a matter of law that the plaintiff was free fromliability (see Larsen v Spano, 35AD3d 820, 821 [2006]; Judice v DeAngelo, 272 AD2d 583 [2000]). Since theplaintiff failed to meet his initial burden as the movant, we need not review the sufficiency of thedefendants' opposition papers. Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.