Gagliardi v Americorp, Inc.
2008 NY Slip Op 09554 [57 AD3d 475]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


John Gagliardi, Respondent,
v
Americorp, Inc., et al., Appellants.

—[*1] Charles J. Siegel, New York, N.Y. (Peter E. Vairo of counsel), for appellants.

Neimark & Neimark, LLP, New City, N.Y. (Ira H. Lapp of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Gigante, J.), dated November 21, 2007, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants failed to establish, prima facie, their entitlement to summary judgment dismissing the complaint. Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment regardless of the sufficiency of the plaintiff's opposition papers (see Tchjevskaia v Chase, 15 AD3d 389 [2005]). Fisher, J.P., Balkin, McCarthy and Leventhal, JJ., concur.