Rafailov v Bushuyev
2011 NY Slip Op 04651 [84 AD3d 1343]
May 31, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


Tamara Rafailov et al., Respondents,
v
Alexey Bushuyev et al., Respondents, and Leonid Ladyko, Appellant, et al., Defendants.

—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Colin Morrissey of counsel), for appellant.

Nagel Rice, LLP, New York, N.Y. (Greg M. Kohn of counsel), for plaintiffs-respondents.

In an action, inter alia, to recover damages for wrongful death, etc., the defendant Leonid Ladyko appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated August 6, 2010, which denied his motion, in effect, for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment, the defendant Leonid Ladyko failed to make a prima facie showing of his entitlement to judgment as a matter of law. Accordingly, the Supreme Court properly denied Ladyko's motion, in effect, for summary judgment dismissing the complaint and all cross claims insofar as asserted against him, regardless of the sufficiency of the opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Mastro, J.P., Dickerson, Chambers and Roman, JJ., concur.