Ebarilli v Shi Sen Li
2011 NY Slip Op 08115 [89 AD3d 792]
November 9, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


Amedeo Ebarilli et al., Respondents,
v
Shi Sen Li et al., Defendants, and City of New York, Appellant.

—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Norman Corenthal of counsel), for appellant.

Fink & Platz (Arnold E. DiJoseph, P.C., New York, N.Y., of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the defendant City of New York appeals from an order of the Supreme Court, Queens County (Flug, J.), dated June 8, 2010, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Inasmuch as the defendant City of New York failed to meet its prima facie burden, the Supreme Court properly denied its motion for summary judgment dismissing the complaint insofar as asserted against it without considering the sufficiency of the plaintiffs' papers in opposition (see Morales v County of Suffolk, 82 AD3d 1184, 1185-1186 [2011]). Skelos, J.P., Balkin, Leventhal and Lott, JJ., concur.