| Karten v Alvarez & Son Transp., Inc. |
| 2008 NY Slip Op 08711 [56 AD3d 528] |
| November 12, 2008 |
| Appellate Division, Second Department |
| Joseph Karten, Appellant, v Alvarez and SonTransportation, Inc., et al., Respondents. |
—[*1] Alan I. Lamer, Elmsford, N.Y. (Fiedelman & McGaw, Jericho, N.Y. [Andrew Zajac], ofcounsel), for respondents.
In an action to recover damages for injury to property, the plaintiff appeals, as limited by hisbrief, (1) from so much of an order of the Supreme Court, Westchester County (Smith, J.), datedApril 20, 2007, as denied his cross motion for summary judgment on the issue of liability, and(2) from so much of an order of the same court dated July 26, 2007, as denied that branch of hismotion which was for leave to renew the cross motion for summary judgment.
Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.
On January 12, 2006 the plaintiff's motor vehicle was involved in a rear-end collision with atruck operated by the defendant Francisco Del-Villar, on First Avenue in Manhattan. After theplaintiff commenced the present action, he cross-moved for summary judgment on the issue ofliability. In support of his cross motion, the plaintiff failed to make a prima facie showing ofentitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate theabsence of any triable issue of fact (seeTutrani v County of Suffolk, 10 NY3d 906, 908 [2008]; Johnson v First Student, Inc., 54 AD3d492 [2008]; Nichols v Turner, 6AD3d 1009, 1012 [2004]). Furthermore, in support of that branch of his subsequent motionwhich was for leave to renew, the plaintiff failed to offer any new facts not offered on the priormotion (see Worrell v Parkway Estates,LLC, 43 AD3d 436, 437 [2007]). Therefore, the Supreme Court properly denied bothmotions. Skelos, J.P., Angiolillo, Balkin and Chambers, JJ., concur.