Claudia Passaro, appellant, v. Jeff Bouquio, respondent.

Reset A A Font size: Print

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

Claudia Passaro, appellant, v. Jeff Bouquio, respondent.

2009-06866 (Index No. 13778/06)

Decided: December 28, 2010

PETER B. SKELOS, J.P. RANDALL T. ENG ARIEL E. BELEN L. PRISCILLA HALL, JJ. Rodney Drake, Bohemia, N.Y. (Joseph B. Fazio of counsel), for appellant. Goldberg Segalla, LLP, Mineola, N.Y. (Brian W. McElhenny of counsel), for respondent.

Argued-October 1, 2010

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated June 11, 2009, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendant established his prima facie entitlement to judgment as a matter of law by demonstrating that the apparatus the plaintiff was using was not defective and that the plaintiff was unable to identify the cause of her accident (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;  Slattery v. O'Shea, 46 AD3d 669).   In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d at 562).   Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

SKELOS, J.P., ENG, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Copied to clipboard