Opinion
Argued January 3, 2000
February 10, 2000
In an action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered June 8, 1999, as denied that branch of their motion which was for summary judgment dismissing the plaintiffs' cause of action to recover damages for negligence.
Boeggeman, George, Hodges Corde, P.C., White Plains, N Y (Leslie K. Arfine and Cynthia Dolan of counsel), for appellants.
Joseph A. Romano, Yonkers, N.Y. (Anadel Vazquez of counsel), for respondents.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
It is well settled that "the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ). "The failure to proffer such evidence warrants a denial of the motion, regardless of the sufficiency of the opposing papers" (Cicolello v. Limb, 216 A.D.2d 434 ). The affirmations of the appellants' attorneys and the very brief excerpts of deposition testimony failed to establish a prima facie case entitling them to summary judgment dismissing the plaintiffs' cause of action to recover damages for negligence (see, Beltran v. Metropolitan Life Ins. Co., 259 A.D.2d 456 ; Cicolello v. Limb, supra;Menzel v. Plotnick, 202 A.D.2d 558 ). Accordingly, that branch of the motion was properly denied.