Schiffer v Long Is. R.R.

Schiffer v Long Is. R.R. 2007 NY Slip Op 03903 [40 AD3d 618] May 1, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

Stephanie Schiffer, Appellant,
v
Long Island Railroad et al., Respondents.

—[*1] Winkler, Kurtz, Winkler & Kuhn, LLP, Port Jefferson Station, N.Y. (Richard D. Winkler of counsel), for appellant.

Curtis, Vasile, Devine & McElhenny, Merrick, N.Y. (Samantha B. Lansky and Patricia D'Antone of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered November 25, 2005, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants satisfied their burden of demonstrating their entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324-325 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557, 562-563 [1980]). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. Mastro, J.P., Rivera, Dillon and Carni, JJ., concur.