Mary E. Acevedo, etc., appellant, v Hog Wing Lau, et al., respondents. v. << (2011)

Argued—September 26, 2011

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated June 29, 2010, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, the defendants made a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of any triable issues of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324;  Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853;  Zuckerman v. City of New York, 49 N.Y.2d 557, 562).   In opposition, the plaintiff failed to raise a triable issue of fact.

We note that while the person on whose behalf the plaintiff commenced this action suffers from, among other things, significant cognitive impairments as a result of the subject accident and, thus, is not held to as high a degree of proof (see Noseworthy v. City of New York, 298 N.Y. 76), the plaintiff is not relieved of the obligation to provide some proof from which negligence can reasonably be inferred, which she failed to do (see DeLuca v. Cerda, 60 AD3d 721, 722;  see also Melendez v Parkchester Med. Servs., P.C., 76 AD3d 927, 928).

Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court