Papadakis v HM Kelly, Inc.

2012 NY Slip Op 05618 [97 AD3d 731]

July 18, 2012

Appellate Division, Second Department

As corrected through Wednesday, August 22, 2012

Ekaterini Papadakis, Appellant, v HM Kelly, Inc., et al.,Respondents.

—[*1]Elana Sharara, Great Neck, N.Y. (Brian J. Isaac of counsel), for appellant.

Vincent D. McNamara, East Norwich, N.Y. (Michael S. Seltzer of counsel), forrespondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Suffolk County (Baisely, Jr., J.), entered March 11, 2011, which granted thedefendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants established their entitlement to judgment as a matter of law by submittingevidence that the location of their vehicle merely furnished the condition for the subject accident,and that the plaintiff's negligent operation of her vehicle was the sole proximate cause of theaccident (see Iqbal v Thai, 83 AD3d897 [2011]; Hyland v Calace, 244 AD2d 318 [1997]; Lectora v Gundrum,225 AD2d 738 [1996]). In opposition, the plaintiff failed to raise a triable issue of fact. TheSupreme Court therefore properly granted the defendants' motion for summary judgmentdismissing the complaint. Balkin, J.P., Leventhal, Hall and Cohen, JJ., concur.