Marilyn Sacklow, etc., respondent, v. Lyla Abramson, etc., appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

Marilyn Sacklow, etc., respondent, v. Lyla Abramson, etc., appellant.

2009-05876 (Index No. 1392 /09)

Decided: March 22, 2011

WILLIAM F. MASTRO, J.P. CHERYL E. CHAMBERS PLUMMER E. LOTT JEFFREY A. COHEN, JJ.

Boeggeman, George & Corde, P.C., White Plains, N.Y. (Cynthia Dolan of counsel), for appellant. Pazer, Epstein & Jaffe, P.C., New York, N.Y. (Thomas Torto and Jason Levine of counsel), for respondent.

Argued-February 25, 2011

DECISION & ORDER

In an action, inter alia, to recover damages for personal injuries and wrongful death, etc., the defendant appeals from so much of an order of the Supreme Court, Nassau County (Galasso, J.), dated May 13, 2009, as granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). The plaintiff established her prima facie entitlement to judgment as a matter of law on the issue of liability, and the defendant failed to raise a triable issue of fact in opposition.

MASTRO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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