Opinion
2011-10-4
Christos KOMINAKOS, appellant,v.Costas G. LIOUDIS, respondent.
Georgaklis & Mallas, PLLC, Brooklyn, N.Y. (Kostantinos Mallas of counsel), for appellant.Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated June 11, 2010, which denied his motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
In support of his motion for summary judgment on the issue of liability, the plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572; Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718). Since the plaintiff failed to meet his initial burden as the movant, we need not review the sufficiency of the defendant's opposition papers ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability.
PRUDENTI, P.J., RIVERA, AUSTIN and ROMAN, JJ., concur.