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Grimaldi v. Vasilakis

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


April 28, 2009

MICHAEL GRIMALDI, ETC., ET AL., APPELLANTS,
v.
NICHOLAS J. VASILAKIS, ET AL., RESPONDENTS (AND ANOTHER TITLE).

In an action to recover damages for personal injuries and wrongful death, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), entered December 27, 2007, as granted that branch of the defendants' motion which was 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., RUTH C. BALKIN, JOHN M. LEVENTHAL & PLUMMER E. LOTT, JJ.

(Index No. 10465/06)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendants established, prima facie, their entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to raise a triable issue of fact (see generally Vehicle and Traffic Law § 1141). Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.

RIVERA, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

20090428

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