Opinion
2001-09642
Argued June 18, 2002.
July 22, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Dutchess County (Hillery, J.), dated October 11, 2001, as denied his cross motion for summary judgment on the issue of liability.
Finkelstein Partners, LLP, Newburgh, N.Y. (Lawrence D. Lissauer of counsel), for appellant.
Petrone Petrone, P.C., Utica, N.Y. (James P. Godemann of counsel), for respondents.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is granted.
In opposition to the plaintiff's prima facie demonstration of entitlement to judgment as a matter of law on the issue of liability (see Mehring v. Cahill, 271 A.D.2d 415; Schmall v. Ryder, 262 A.D.2d 476; Phelps v. Legler, 262 A.D.2d 621; Goff v. Goudreau, 222 A.D.2d 650), the defendants failed to raise a triable issue of fact, by competent or expert medical evidence, as to its affirmative defense that Michael McGuinnis, driver of the vehicle owned by the defendant Jack Harvey's Auto Parts, Inc., and decedent of the defendant administratrix Rita Brannen, sustained a sudden and unforeseen medical emergency (see Boesch v. Nishball, 283 A.D.2d 534; Ficorilli v. Thomsen, 262 A.D.2d 602; McGinn v. New York City Tr. Auth., 240 A.D.2d 378). Thus, the plaintiff was entitled to summary judgment on the issue of liability.
RITTER, J.P., FEUERSTEIN, ADAMS and MASTRO, JJ., concur.