Sanchez v Goodwill Indus. of Greater N.Y. & N. N.J., Inc.

Sanchez v Goodwill Indus. of Greater N.Y. & N. N.J., Inc. 2014 NY Slip Op 02279 Decided on April 2, 2014 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 April 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2012-07371
(Index No. 7741/09)

[*1]Marilu Sanchez, respondent,

v

Goodwill Industries of Greater New York and Northern New Jersey, Inc., appellant, et al., defendant.




Malapero & Prisco LLP, New York, N.Y. (Elio M. Di Berardino
of counsel), for appellant.
Hecht, Kleeger, Pintel & Damashek (Ephrem J. Wertenteil,
New York, N.Y., of counsel), for
respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendant Goodwill Industries of Greater New York and Northern New Jersey, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (James J. Golia, J.), dated May 1, 2012, as denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Goodwill Industries of Greater New York and Northern New Jersey, Inc.

ORDERED that the order is affirmed insofar as appealed from, with costs.

In support of their motion, the defendants made a prima facie showing of entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against the defendant Goodwill Industries of Greater New York and Northern New Jersey, Inc. (hereinafter Goodwill) (see Alvarez v Prospect Hosp., 68 NY2d 320, 324). However, in opposition, the plaintiff raised a triable issue of fact (see CPLR 3212[b]; Zuckerman v City of New York, 49 NY2d 557, 562). Accordingly, the Supreme Court properly denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against Goodwill.
RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court