Araujo v Elkahlaoui

Araujo v Elkahlaoui 2009 NY Slip Op 09598 [68 AD3d 1030] December 22, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Jose F. Araujo, Respondent,
v
Jaouad Elkahlaoui et al., Appellants.

—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York, N.Y. (Thomas Torto [Jason Levine], of counsel), for appellants.

Asher & Associates, P.C., New York, N.Y. (Robert J. Poblete of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Saitta, J.), dated September 25, 2008, which granted the plaintiff's motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

In response to the plaintiff's demonstration of his entitlement to judgment as a matter of law on the issue of liability, the defendants failed to submit evidence sufficient to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Dillon, J.P., Santucci, Florio and Hall, JJ., concur.