Soto
v.
Parkway Crest Associates

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentApr 3, 2000
708 N.Y.S.2d 297 (N.Y. App. Div. 2000)
708 N.Y.S.2d 297271 A.D.2d 435

Argued February 24, 2000.

April 3, 2000.

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court , Nassau County (Burke, J.), dated May 17, 1999, which denied their motion for summary judgment dismissing the complaint.

Curtis, Zaklukiewicz, Vasile, Devine McElhenny, Merrick, N Y (Paul S. Devine of counsel), for appellants.

Mirman Markovits Landau, New York, N. Y. (Jason M. Rubin of counsel), for respondents.

DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants failed to establish their entitlement to judgment as a matter of law (see, Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544; Gibbs v. Diamond, 256 A.D.2d 266 ).