Burgos v Alamo Fin. LLP
2007 NY Slip Op 08015 [44 AD3d 555]
October 25, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


Arlene Burgos et al., Respondents,
v
Alamo Financing LLP et al., Appellants, et al., Defendant.

—[*1] Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City (Louis H. Klein of counsel), for appellants.

Thomas W. Russo, P.C., Bronx, (Thomas W. Russo of counsel), for respondents.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 12, 2007, which denied the motion by defendants Alamo and Rivera for summary judgment, unanimously affirmed, with costs.

The proof on defendants' motion consisted mainly of deposition transcripts of the passengers and the adverse codefendant driver, but did not sufficiently demonstrate who was liable for the accident (see e.g. Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Concur—Tom, J.P., Saxe, Nardelli, Sweeny and Catterson, JJ.