Opinion
2012-07-18
Ekaterini PAPADAKIS, appellant, v. H M KELLY, INC., et al., respondents.
Elana Sharara, Great Neck, N.Y. (Brian J. Isaac of counsel), for appellant. Vincent D. McNamara, East Norwich, N.Y. (Michael S. Seltzer of counsel), for respondents.
Elana Sharara, Great Neck, N.Y. (Brian J. Isaac of counsel), for appellant. Vincent D. McNamara, East Norwich, N.Y. (Michael S. Seltzer of counsel), for respondents.
In an action to recover damagesfor personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisely, Jr., J.), entered March 11, 2011, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The defendants established their entitlement to judgment as a matter of law by submitting evidence that the location of their vehicle merely furnished the condition for the subject accident, and that the plaintiff's negligent operation of her vehicle was the sole proximate cause of the accident ( see Iqbal v. Thai, 83 A.D.3d 897, 920 N.Y.S.2d 789;Hyland v. Calace, 244 A.D.2d 318, 663 N.Y.S.2d 890;Lectora v. Gundrum, 225 A.D.2d 738, 640 N.Y.S.2d 202). In opposition, the plaintiff failed to raise a triable issue of fact. The Supreme Court therefore properly granted the defendants' motion for summary judgment dismissing the complaint.