| Campisi v Somerset Woods Assoc., LLC |
| 2008 NY Slip Op 00640 [47 AD3d 864] |
| January 29, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Vincent M. Campisi, Respondent, v Somerset Woods Associates, LLC, Appellant, et al., Defendant. |
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Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, N.Y. (William J. Kelly of counsel), for
respondent.
John P. Humphreys, Melville, N.Y. (Scott W. Driver of counsel), for defendant Island Block
MFG. Corp.
In an action to recover damages for personal injuries, the defendant Somerset Woods Associates, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 5, 2006, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar appealed from, with costs to the respondent payable by the appellant.
The Supreme Court properly denied the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it. The appellant failed to make a prima facie showing of entitlement to such relief.
In light of our determination, we need not consider the sufficiency of the plaintiff's opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]). [*2]
The appellant's remaining contentions are without merit. Prudenti, P.J., Mastro, Santucci and Lifson, JJ., concur.