Opinion
2003-07937.
Decided May 24, 2004.
In an action to recover damages for personal injuries and wrongful death, the defendant Manuel M. Chauca appeals from an order of the Supreme Court, Queens County (Dye, J.), dated August 15, 2003, which denied his motion, in effect, for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto of counsel), for appellant.
Morris, Duffy, Alonso Faley, LLP, New York, N.Y. (Yolanda L. Himmelberger and Matthew J. Vitucci of counsel), for defendants-respondents.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant Manuel M. Chauca failed to establish his prima facie entitlement to judgment as a matter of law by demonstrating that he was free from negligence and that his actions were not a proximate cause of the accident ( see Siegel v. Sweeney, 266 A.D.2d 200, 201). Accordingly, the Supreme Court properly denied his motion for summary judgment.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.