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Reid v. Frierson

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


May 4, 2010

KORAN REID, APPELLANT,
v.
SHIRLEY FRIERSON, ET AL., RESPONDENTS.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated July 29, 2009, which denied his 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.

PETER B. SKELOS, J.P., RUTH C. BALKIN, SHERI S. ROMAN and SANDRA L. SGROI, JJ.

(Index No. 12373/09)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff moved for summary judgment shortly after issue was joined and before any disclosure took place. The Supreme Court denied the motion for summary judgment, finding that the plaintiff failed to demonstrate a prima facie entitlement to judgment as a matter of law. This appeal ensued, and we affirm. The plaintiff failed to make a prima facie showing of his entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324). Accordingly, the Supreme Court correctly denied the motion, regardless of the sufficiency of the defendants' opposing papers (id. at 324).

SKELOS, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

20100504

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