Amico v Vallarelli

Amico v Vallarelli 2010 NY Slip Op 00636 [69 AD3d 887] January 26, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

Mary Amico, Respondent,
v
Victor Vallarelli, Appellant.

—[*1] Susan B. Owens, White Plains, N.Y. (Joseph M. Zecca of counsel), for appellant.

James D. Moran, East Quogue, N.Y., for respondent.

In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated August 11, 2009, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established his entitlement to judgment as a matter of law by submitting, inter alia, his expert's report concluding that the defendant was not negligent. In response, however, the plaintiff raised triable issues of fact. Accordingly, the defendant's motion for summary judgment dismissing the complaint was properly denied (see Tapia v Royal Tours Serv., Inc., 67 AD3d 894 [2009]; Lopez v Reyes-Flores, 52 AD3d 785 [2008]; Gomez v Hilfiger, 45 AD3d 728, 729 [2007]; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; cf. Bolta v Lohan, 242 AD2d 356 [1997]).

The defendant's remaining contention is without merit. Santucci, J.P., Dickerson, Eng and Chambers, JJ., concur.