SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
January 26, 2010
MARY AMICO, ETC., RESPONDENT,
VICTOR VALLARELLI, APPELLANT.
In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated August 11, 2009, which denied his 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.
FRED T. SANTUCCI, J.P., THOMAS A. DICKERSON, RANDALL T. ENG and CHERYL E. CHAMBERS, JJ.
(Index No. 8445/08)
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
The defendant established his entitlement to judgment as a matter of law by submitting, inter alia, his expert's report concluding that the defendant was not negligent. In response, however, the plaintiff raised triable issues of fact. Accordingly, the defendant's motion for summary judgment dismissing the complaint was properly denied (see Tapia v Royal Tours Serv., Inc., 67 AD3d 894; Lopez v Reyes-Flores, 52 AD3d 785; Gomez v Hilfiger, 45 AD3d 728, 729; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324; cf. Bolta v Lohan, 242 AD2d 356).
The defendant's remaining contention is without merit.
SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.
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