Acevedo v Hog Wing Lau
2011 NY Slip Op 07192 [88 AD3d 751]
October 11, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011

Mary E. Acevedo, as Guardian of the Person and Property of Billy J. Alvarado, an Incapacitated Person, Appellant,
Hog Wing Lau et al., Respondents.

[*1] David J. Hernandez, Brooklyn, N.Y. (Richard H. Gottesman of counsel), for appellant.

Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Stacy R. Seldin of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated June 29, 2010, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, the defendants made a prima facie showing of entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate the absence of any triable issues of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). In opposition, the plaintiff failed to raise a triable issue of fact.

We note that while the person on whose behalf the plaintiff commenced this action suffers from, among other things, significant cognitive impairments as a result of the subject accident and, thus, is not held to as high a degree of proof (see Noseworthy v City of New York, 298 NY 76 [1948]), the plaintiff is not relieved of the obligation to provide some proof from which negligence can reasonably be inferred, which she failed to do (see DeLuca v Cerda, 60 AD3d 721, 722 [2009]; see also Melendez v Parkchester Med. Servs., P.C., 76 AD3d 927, 928 [2010]).

Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. Skelos, J.P., Balkin, Leventhal and Hall, JJ., concur.