Eduard Abramov v Visan Fuel Oil Co., Inc.

Abramov v Visan Fuel Oil Co., Inc. 2006 NY Slip Op 01564 [27 AD3d 404] March 7, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 17, 2006

Eduard Abramov, Respondent,
v
Visan Fuel Oil Co., Inc., et al., Appellants.

—[*1]In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated August 5, 2005, which granted the plaintiff's motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

In opposition to the plaintiff's prima facie showing of entitlement to judgment as a matter of law, the defendants failed to raise a triable issue of fact (see Vehicle and Traffic Law § 1128 [a]; Neryaev v Solon, 6 AD3d 510 [2004]). Further, the defendants failed to demonstrate that the motion should have been denied pending discovery (see CPLR 3212 [f]; Neryaev v Solon, supra). Adams, J.P., Ritter, Santucci and Spolzino, JJ., concur.