Guercio v Brookhaven Mem. Hosp. Med. Ctr.
2008 NY Slip Op 05886 [52 AD3d 779]
June 24, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


Kenneth Guercio et al., Appellants,
v
Brookhaven Memorial Hospital Medical Center, Respondent.

[*1] Levine & Grossman, Mineola, N.Y. (Scott D. Rubin of counsel), for appellants.

Lewis Johs Avallone Aviles, LLP, Melville, N.Y. (Brian J. Greenwood of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pines, J.), dated April 27, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to summary judgment dismissing the complaint. In opposition, the plaintiffs failed to raise a triable issue of fact.

The plaintiffs' remaining contentions are without merit. Mastro, J.P., Spolzino, Ritter and Leventhal, JJ., concur.