Krell v S & F Towing
2011 NY Slip Op 01622 [82 AD3d 715]
March 1, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


Jacqueline D. Krell, Appellant,
v
S & F Towing et al., Respondents, et al., Defendant.

—[*1] The Edelsteins, Faegenburg & Brown, New York, N.Y. (Paul J. Edelstein and Louis A. Badolato of counsel), for appellant.

Morris Duffy Alonso & Faley, New York, N.Y. (Anna J. Ervolina and Andrea M. Alonso of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated December 11, 2009, as granted that branch of the motion of the defendants S & F Towing and William Setter which was for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the motion of the defendants S & F Towing and William Stetter (hereinafter together the defendants) which was for summary judgment dismissing the complaint insofar as asserted against them. The defendants demonstrated, prima facie, that they were not negligent and, in opposition, the plaintiff failed to raise a triable issue of fact.

The plaintiff's remaining contentions are without merit. Covello, J.P., Chambers, Lott and Cohen, JJ., concur.