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Parente v. Community Housing Innovations

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 25, 2008

JOSEPH PARENTE, ETC., ET AL., APPELLANTS,
v.
COMMUNITY HOUSING INNOVATIONS, INC., RESPONDENT.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated April 23, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., HOWARD MILLER, DANIEL D. ANGIOLILLO & CHERYL E. CHAMBERS, JJ.

(Index No. 1030/05)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In support of its motion for summary judgment dismissing the complaint, the defendant established its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324; Zuckerman v City of New York, 49 NY2d 557, 562-563). In opposition, the plaintiffs failed to raise a triable issue of fact. Accordingly, summary judgment was properly awarded to the defendant.

RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.

20081125

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