| Nunez v Staley |
| 2008 NY Slip Op 01315 [48 AD3d 533] |
| February 13, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lydia Nunez et al., Appellants, v Albert C. Staley, Respondent. |
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Kelly, Rode & Kelly, LLP, Mineola, N.Y. (Daniel E. Cerritos of counsel), for
respondent.
Ordered that the order is affirmed, with costs.
The plaintiffs failed to make a prima facie showing of entitlement to judgment as a matter of law on the issue of liability. In particular, the plaintiffs' moving papers included a copy of the deposition transcript of the defendant, which raised triable issues of fact as to whether the plaintiff Lydia Nunez was negligent in the operation of her motor vehicle and whether her alleged negligence was a proximate cause of the accident (see Vehicle and Traffic Law § 375 [2] [a] [3]; Tepoz v Sosa, 241 AD2d 449 [1997]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).
Accordingly, the Supreme Court correctly denied the plaintiffs' motion for summary judgment on the issue of liability. Spolzino, J.P., Miller, Dillon and McCarthy, JJ., concur.