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Martino v. Brinzo

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 2009
63 A.D.3d 1014 (N.Y. App. Div. 2009)

Opinion

No. 2009-01424.

June 23, 2009.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated January 27, 2009, which denied his motion for summary judgment with leave to renew upon the completion of discovery.

Taller Wizman, P.C., Forest Hills, N.Y. (Y. David Taller of counsel), for appellant.

Hawkins, Feretic Daly, LLC, New York, N.Y. (Matthew J. Zizzamia of counsel), for respondents.

Before: Fisher, J.P., Covello, Angiolillo and Leventhal, JJ., concur.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs assertions, the proof submitted on the motion did not establish that the subject accident involved a rear-end collision with a stopped vehicle. The plaintiff failed to make a prima facie showing of his entitlement to summary judgment on the issue of liability "Failure to make such showing requires denial of the motion, regardless of the sufficiency of the opposing papers" ( Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; see Simplex Grinnell, LP v Ruby Weston Manor, 59 AD3d 610; Smalls v Mercy Med. Ctr., 50 AD3d 670; Greenstein v R R of G.C., Inc., 50 AD3d 637). The Supreme Court therefore properly denied his motion for summary judgment with leave to renew upon the completion of discovery.


Summaries of

Martino v. Brinzo

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 2009
63 A.D.3d 1014 (N.Y. App. Div. 2009)
Case details for

Martino v. Brinzo

Case Details

Full title:JOSEPH MARTINO, Appellant, v. VITO G. BRINZO et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 23, 2009

Citations

63 A.D.3d 1014 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5300
880 N.Y.S.2d 550