Severo v Ice Mgt. Group, LLC
2010 NY Slip Op 08928 [78 AD3d 1162]
November 30, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


Domenique Severo, Respondent,
v
Ice Management Group, LLC, Appellant.

—[*1] Havkins Rosenfeld Ritzert & Varriale, LLP, New York, N.Y. (Jarett L. Warner of counsel), for appellant.

Edward C. Bruno, Pine Bush, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated July 14, 2009, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant met its burden of establishing its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). However, in opposition, the plaintiff raised triable issues of fact. Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint. Rivera, J.P., Dickerson, Lott and Roman, JJ., concur.