From Casetext: Smarter Legal Research

Finocchiaro v. Steckler

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2000
270 A.D.2d 226 (N.Y. App. Div. 2000)

Opinion

Submitted January 18, 2000

March 6, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated February 9, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.

Andrew C. Risoli, New York, N.Y., for appellant.

Anthony D. Perri, New York, N.Y. (Eve Lynn Newman of counsel), for respondent.

WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant sustained his initial burden of demonstrating his entitlement to judgment as a matter of law by submitting evidence that his vehicle was stopped when the rear-end collision occurred (see, Power v. Hupart, 260 A.D.2d 458 ). Contrary to the plaintiff's contention, she failed to raise a triable issue of fact as to whether the defendant was negligent (see, Dwyer v. Cohen, 262 A.D.2d 600 [2d Dept., June 6, 1999]). Therefore, the Supreme Court properly granted the defendant's motion for summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320 ).

THOMPSON, J.P., SULLIVAN, KRAUSMAN, and SMITH, JJ., concur.


Summaries of

Finocchiaro v. Steckler

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 2000
270 A.D.2d 226 (N.Y. App. Div. 2000)
Case details for

Finocchiaro v. Steckler

Case Details

Full title:MARIE GRACE FINOCCHIARO, appellant, v. DAVID STECKLER, respondent (and a…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 6, 2000

Citations

270 A.D.2d 226 (N.Y. App. Div. 2000)
704 N.Y.S.2d 853

Citing Cases

Plaut v. Oracz

The plaintiffs did not demonstrate their prima facie entitlement to judgment as a matter of law. Therefore,…