Saluto v Town of Carmel
2011 NY Slip Op 06344 [87 AD3d 686]
August 23, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 28, 2011


Anthony J. Saluto, Appellant,
v
Town of Carmel et al., Respondents.

—[*1] Finger & Finger, P.C., White Plains, N.Y. (Daniel S. Finger of counsel), for appellant.

Cronin & Byczek, LLP, Lake Success, N.Y. (Linda M. Cronin of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Putnam County (Nicolai, J.), dated April 28, 2010, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The defendants established their prima facie entitlement to judgment as a matter of law. In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]). Skelos, J.P., Belen, Hall and Roman, JJ., concur.