Opinion
2001-09614
Submitted October 22, 2002.
November 18, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Hall, J.), entered May 22, 2001, which granted the defendant's motion for summary judgment dismissing the complaint, and dismissed the complaint.
Rovegno Taylor, P.C., Forest Hills, N.Y. (Robert B. Taylor of counsel), for appellants.
Huenke Rodriguez, Melville, N.Y. (Theodore E. Huenke of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
The defendant established a prima facie showing of entitlement to summary judgment (see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). In opposition, the plaintiffs failed to raise a triable issue of fact (see CPLR 3212[b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320) . The affidavit of the plaintiffs' expert was insufficient to give rise to any issues of fact (see Samuel v. Aroneau, 270 A.D.2d 474, 475; Glorioso v. Schnabel, 253 A.D.2d 787; Guarino v. La Shellda Maintenance Corp., 252 A.D.2d 514, 515). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment.
The plaintiffs' remaining contention is without merit.
PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.