SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
December 2, 2008
JOHN GAGLIARDI, RESPONDENT,
AMERICORP, INC., ET AL., APPELLANTS.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated November 21, 2007, which denied their 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.
STEVEN W. FISHER, J.P., RUTH C. BALKIN, WILLIAM E. McCARTHY & JOHN M. LEVENTHAL, JJ.
(Index No. 12528/04)
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
The defendants failed to establish, prima facie, their entitlement to summary judgment dismissing the complaint. Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment regardless of the sufficiency of the plaintiff's opposition papers (see Tchjevskaia v Chase, 15 AD3d 389).
FISHER, J.P., BALKIN, McCARTHY and LEVENTHAL, JJ., concur.
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