| Acevedo v Hog Wing Lau |
| 2011 NY Slip Op 07192 [88 AD3d 751] |
| October 11, 2011 |
| Appellate Division, Second Department |
| Mary E. Acevedo, as Guardian of the Person and Property of BillyJ. Alvarado, an Incapacitated Person, Appellant, v Hog Wing Lau et al.,Respondents. |
—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel),for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Kings County (Partnow, J.), dated June 29, 2010, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
In support of their motion for summary judgment dismissing the complaint, the defendantsmade a prima facie showing of entitlement to judgment as a matter of law by tendering sufficientevidence to demonstrate the absence of any triable issues of fact (see Alvarez v ProspectHosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d851, 853 [1985]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Inopposition, the plaintiff failed to raise a triable issue of fact.
We note that while the person on whose behalf the plaintiff commenced this action suffersfrom, among other things, significant cognitive impairments as a result of the subject accidentand, thus, is not held to as high a degree of proof (see Noseworthy v City of New York,298 NY 76 [1948]), the plaintiff is not relieved of the obligation to provide some proof fromwhich negligence can reasonably be inferred, which she failed to do (see DeLuca v Cerda, 60 AD3d721, 722 [2009]; see also Melendezv Parkchester Med. Servs., P.C., 76 AD3d 927, 928 [2010]).
Accordingly, the Supreme Court properly granted the defendants' motion for summaryjudgment dismissing the complaint. Skelos, J.P., Balkin, Leventhal and Hall, JJ., concur.