Horne v. John

• Decision Date: 01 December 2009
• Docket Number: 2008-09157
• Citation: 2009 NY Slip Op 8997,68 A.D.3d 722,888 N.Y.S.2d 903
• Parties: CECILIA HORNE, Respondent, v. MR. JOHN et al., Appellants.
• Court: New York Supreme Court — Appellate Division

68 A.D.3d 722

2009 NY Slip Op 8997

888 N.Y.S.2d 903

CECILIA HORNE, Respondent, v. MR. JOHN et al., Appellants.

2008-09157

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 1, 2009.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Weber, J.), dated September 10, 2008, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In moving for summary judgment, the defendants bore the initial burden of establishing their prima facie entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The Supreme Court properly concluded that the defendants failed to meet that burden. Since the defendants did not meet their prima facie burden, it is unnecessary to consider the adequacy of the opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; Gestetner v Teitelbaum, 52 AD3d 778 [2008]).

MASTRO, J.P., BALKIN, ENG and LEVENTHAL, JJ., concur.