| Sale v Lee |
| 2008 NY Slip Op 02821 [49 AD3d 854] |
| March 25, 2008 |
| Appellate Division, Second Department |
| Fontina Sale et al., Appellants, v Gary Lee et al.,Respondents. |
—[*1] Hawkins Feretic & Daly, LLP, New York, N.Y. (James M. Merlino of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Kings County (Vaughan, J.), dated June 13, 2007, which denied theirmotion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the evidence submitted by the plaintiffs did notestablish, as a matter of law, that the injured plaintiff was free from comparative negligence(see Thoma v Ronai, 82 NY2d 736, 737 [1993]; Cator v Filipe, 47 AD3d 664 [2008]; Albert v Klein, 15 AD3d 509, 510[2005]; Valore v McIntosh, 8 AD3d662 [2004]). Since the plaintiffs failed to meet their burden as the movants, we need notreview the sufficiency of the defendants' opposition papers (see Winegrad v New York Univ.Med. Ctr., 64 NY2d 851 [1985]; Valore v McIntosh, 8 AD3d 662 [2004]). Rivera, J.P., Skelos,Santucci and Leventhal, JJ., concur.