Opinion
November 3, 1997
Appeal from the Supreme Court, Kings County (Jackson, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff made out a prima facie case for summary judgment. The defendants' submissions failed to create a triable issue of fact with respect to the claim that the codefendant Louis Magrino lost control of his New York City Department of Sanitation truck and collided into the plaintiff's stationary vehicle because of some kind of unexplained or sudden mechanical failure (see, e.g., Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132; Gladstone v. Hachuel, 225 A.D.2d 730; Leal v. Wolff 224 A.D.2d 392; Rafkind v Clark, 221 A.D.2d 611; Gross v. Napoli, 216 A.D.2d 524). Notably, a shadowy semblance of an issue or bald conclusory allegations, even if believable, are insufficient to defeat a motion for summary judgment (see, Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338; see also, Andre v. Pomeroy, 35 N.Y.2d 361, 364; Rotuba Extruders v. Ceppos, 46 N.Y.2d 223, 231; Colonial Commercial Corp. v Breskel Assocs., 238 A.D.2d 539; Federal Deposit Ins. Corp. v. Kaye, 224 A.D.2d 578; Citibank v. Pierre, 213 A.D.2d 443).
The defendants' remaining contentions are without merit (see, Carson v. New York City Tr. Auth., 237 A.D.2d 242; Gildston v Schlecter, 233 A.D.2d 419; Arcila v. Incorporated Vil. of Freeport, 231 A.D.2d 660).
O'Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.