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Araujo v. Elkahlaoui

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


December 22, 2009

JOSE F. ARAUJO, RESPONDENT,
v.
JAOUAD ELKAHLAOUI, ET AL., APPELLANTS.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Saitta, J.), dated September 25, 2008, which granted the plaintiff's motion for summary judgment on the issue of liability.

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.

MARK C. DILLON, J.P., FRED T. SANTUCCI, ANITA R. FLORIO and L. PRISCILLA HALL, JJ.

(Index No. 4490/08)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In response to the plaintiff's demonstration of his entitlement to judgment as a matter of law on the issue of liability, the defendants failed to submit evidence sufficient to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

20091222

© 1992-2009 VersusLaw Inc.



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