Barnes-Payne v Jewish Child Care Assn. of N.Y.
2013 NY Slip Op 02705 [105 AD3d 984]
April 24, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


Rose Barnes-Payne et al., Respondents,
v
Jewish Child Care Association of New York, Appellant.

—[*1] Wenick & Finger, P.C., New York, N.Y. (Frank J. Wenick and Rita S. Menchel of counsel), for appellant.

Michael Palillo, P.C., New York, N.Y., for respondents.

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated February 22, 2012, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, its entitlement to judgment as a matter of law. We note that the defendant failed to address all of the issues raised in the bill of particulars.

The defendant's remaining contentions are without merit.

Accordingly, the Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint without regard to the sufficiency of the plaintiffs' opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Dillon, J.P., Balkin, Austin and Sgroi, JJ., concur.