Opinion
Argued January 30, 2001.
September 10, 2001.
In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Garson, J.), dated January 13, 2000, as denied its motion for summary judgment dismissing the complaint.
Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler and Lawrence Silver of counsel), for appellant.
Shapiro, Beilly, Rosenberg, Aronowitz, Levy and Fox, LLP, New York, N Y (Stewart L. Beilly, David S. Aronowitz, and Roy J. Karlin of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P. DAVID S. RITTER, MYRIAM J. ALTMAN, and ROBERT W. SCHMIDT, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
In support of its motion for summary judgment dismissing the complaint, the defendant failed to demonstrate prima facie its entitlement to judgment as a matter of law (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Andre v. Pomeroy, 35 N.Y.2d 361). Thus, the defendant's motion for summary judgment was properly denied.