DUPREE v. MACKENZIE AUTOMATIC DOORS INC

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

Diane DUPREE, respondent, v. MACKENZIE AUTOMATIC DOORS, INC., appellant.

Decided: October 31, 2005

ROBERT W. SCHMIDT, J.P., BARRY A. COZIER, REINALDO E. RIVERA, and STEVEN W. FISHER, JJ. Kral, Clerkin, Redmond, Ryan, Perry & Girvan, Mineola, N.Y. (Gary E. Dvoskin of counsel), for appellant. Simon & Gilman, Forest Hills, N.Y. (Keith A. Gilman of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated February 17, 2004, which denied its motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law on its motion for summary judgment (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572).   In opposition, the plaintiff raised a triable issue of fact as to whether the defendant, in reinstalling the subject door saddle, did so without reasonable care and created an unreasonable risk of harm to the plaintiff causing her injuries (see Espinal v. Melville Snow Contrs., 98 N.Y.2d 136, 746 N.Y.S.2d 120, 773 N.E.2d 485;  see also Alvarez v. Prospect Hosp., supra ).

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