Papadakis v H M Kelly, Inc.

Papadakis v H M Kelly, Inc. 2012 NY Slip Op 05618 Decided on July 18, 2012 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 July 18, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
2011-02949
(Index No. 27363/07)

[*1]Ekaterini Papadakis, appellant,

v

H M Kelly, Inc., et al., respondents.




Elana Sharara, Great Neck, N.Y. (Brian J. Isaac of counsel), for
appellant.
Vincent D. McNamara, East Norwich, N.Y. (Michael S.
Seltzer of counsel), for respondents.


DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisely, Jr., J.), entered March 11, 2011, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendants established their entitlement to judgment as a matter of law by submitting evidence that the location of their vehicle merely furnished the condition for the subject accident, and that the plaintiff's negligent operation of her vehicle was the sole proximate cause of the accident (see Iqbal v Thai, 83 AD3d 897; Hyland v Calace, 244 AD2d 318; Lectora v Gundrum, 225 AD2d 738). In opposition, the plaintiff failed to raise a triable issue of fact. The Supreme Court therefore properly granted the defendants' motion for summary judgment dismissing the complaint.
BALKIN, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court