Rodriguez v Moreno

Rodriguez v Moreno 2010 NY Slip Op 08794 [78 AD3d 610] November 30, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

Buenaventura Yolanda Rodriguez, Appellant,
v
Francesco Moreno et al., Respondents.

—[*1] Brad A. Kauffman, New York, for appellant.

Lester Schwab Katz & Dwyer, New York (Steven B. Prystowsky of counsel), for respondents.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered March 31, 2010, which denied plaintiff's motion for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff's undisputed testimony establishes her entitlement to judgment as a matter of law on the issue of liability (Beamud v Gray, 45 AD3d 257, 257 [2007]). Defendants submitted no evidence to support their contention that plaintiff was comparatively negligent (see id.). Concur—Tom, J.P., Saxe, Friedman, Sweeny and Abdus-Salaam, JJ.