Micari v City of New York
2007 NY Slip Op 09374 [45 AD3d 821]
November 27, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Paul Micari, Respondent,
v
City of New York, Appellant.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Victoria Scalzo of counsel), for appellant.

Apicella & Schlesinger, New York, N.Y. (Alan C. Kestenbaum of counsel), for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated June 9, 2006, which granted the plaintiff's motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiff made a prima facie showing of his entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]), and the defendant failed to raise any issue of fact in opposition thereto. Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the issue of liability. Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.