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Geevarghese v. Shmerler

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


March 30, 2010

KOCHUMMAN GEEVARGHESE, RESPONDENT,
v.
EDWIN J. SHMERLER, ET AL., APPELLANTS.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), entered April 8, 2009, 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.

JOSEPH COVELLO, J.P., HOWARD MILLER, JOHN M. LEVENTHAL and CHERYL E. CHAMBERS, JJ.

(Index No. 26763/08)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The present action arises from a motor vehicle accident. After joinder of issue, the plaintiff moved for summary judgment on the issue of liability. In support of his motion, the plaintiff established, prima facie, his entitlement to judgment as a matter of law. In opposition, the defendants failed to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324). Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the issue of liability.

COVELLO, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

20100330

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