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Horne v. John

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


December 1, 2009

CECILIA HORNE, RESPONDENT,
v.
MR. JOHN, ET AL., APPELLANTS.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Weber, J.), dated September 10, 2008, 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.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, RANDALL T. ENG & JOHN M. LEVENTHAL, JJ.

(Index No. 21957/06)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In moving for summary judgment, the defendants bore the initial burden of establishing their prima facie entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557, 562). The Supreme Court properly concluded that the defendants failed to meet that burden. Since the defendants did not meet their prima facie burden, it is unnecessary to consider the adequacy of the opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851; Gestetner v Teitelbaum, 52 AD3d 778).

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.

20091201

© 1992-2009 VersusLaw Inc.



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