Kirsten E. Westphal v Greyhound Lines, Inc.

Westphal v Greyhound Lines, Inc. 2006 NY Slip Op 06158 [32 AD3d 429] August 8, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 11, 2006

Kirsten E. Westphal, Respondent,
v
Greyhound Lines, Inc., et al., Appellants.

—[*1]In an action to recover damages for wrongful death, etc., the defendants appeal from an order of the Supreme Court, Queens County (Grays, J.), dated June 15, 2005, which granted the plaintiff's motion for summary judgment on the issue of liability and denied, as academic, their cross motion for an open commission to take a nonparty deposition.

Ordered that the order is affirmed, with costs.

The evidence submitted by the plaintiff established a prima facie showing of entitlement to judgment as a matter of law on the issue of the defendants' liability (see Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]). Any minor inconsistencies in the testimony of the plaintiff's witnesses were insufficient in this case to raise a bona fide issue as to their credibility (see Coughlin v Bartnick, 293 AD2d 509 [2002]).

The defendants' remaining contentions are without merit. Schmidt, J.P., Santucci, Luciano and Covello, JJ., concur.