Jennifer Mirabelli v James Voight

Mirabelli v Voight 2006 NY Slip Op 04812 [30 AD3d 486] Decided on June 13, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 13, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
2005-06439 DECISION & ORDER

[*1]Jennifer Mirabelli, et al., appellants,

v

James Voight, et al., respondents. (Index No. 25395/02)




Mark R. Bower, P.C., New York, N.Y., for appellants.
Carman Callahan & Ingham, LLP, Farmingdale, N.Y. (James
M. Carman of counsel), for
respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), entered May 18, 2005, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendants demonstrated prima facie their entitlement to judgment as a matter of law with proof establishing that the plaintiff Jennifer Mirabelli's medical condition was not causally related to the accident of July 1, 2002. In response, the plaintiffs failed to demonstrate the existence of a triable issue of fact as to whether that plaintiff's medical condition was caused by the accident (see Carrasco v Mendez, 4 NY3d 566 [Pommells v Perez]; Ranzie v Massih, AD3d [2d Dept, Apr. 4, 2006]; Fusco v Barnwell House of Tires, 16 AD3d 620; Sherin v Roda, 14 AD3d 604).
ADAMS, J.P., GOLDSTEIN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court