Karmiol v Astorino
2004 NY Slip Op 08075 [12 AD3d 415]
November 8, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2005


Brenda Karmiol, Respondent,
v
Bruno Astorino, Appellant.

[*1]In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated October 8, 2003, as denied his cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

In support of his cross motion for summary judgment dismissing the complaint, the defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Accordingly, the cross motion properly was denied. Prudenti, P.J., Ritter, H. Miller and Spolzino, JJ., concur.