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Publications - Personal injury, Premise - DORA ROSARIO, appellant, v. TRUMP MANAGEMENT, INC., ET AL., respondents. (Lois Law)



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Publications : Personal injury, Premise - DORA ROSARIO, appellant, v. TRUMP MANAGEMENT, INC., ET AL., respondents. (Lois Law) (2004-May)

DORA ROSARIO, appellant, v. TRUMP MANAGEMENT, INC., ET AL., respondents. Appellate Division of the Supreme Court of New York, Second Department. Decided May 3, 2004. In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Maltese, J.), dated March 3, 2003, which granted the defendants' motion for summary judgment dismissing the complaint. Charles Juntikka & Associates, LLP, New York, N.Y. (Wendy Selwanes of counsel), for appellant. Kiley, Kiley & Kiley, Great Neck, N.Y. (James D. Kiley of counsel), for respondents. Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER HOWARD MILLER, THOMAS A. ADAMS, JJ. DECISION & ORDER ORDERED that the order is affirmed, with costs. The Supreme Court correctly determined that the defendants' established their prima facie entitlement to judgment as a matter of law on their motion for summary judgment (see Winegrad v. New York Univ. Med. Ctr., 64[LX;Z,$5}). The burden then shifted to the plaintiff to raise a friable issue of fact {see Alvarez v. Prospect Hosp., _N.Yl2d 320, SZQ; see Zuckerman v. City of New York, _Q_N.Y._2,Q_57, __;) . In opposition, the plaintiff submitted the report and affidavit of an engineering expert whose conclusions were, among other things, conclusory and failed to raise a friable issue of fact (see Murphy v. Conner, 84 N.Y.@g 969; McGrath v. Parker, 4 A.D.3L457; Gralnik v. Brighton Beach Assoc., 3 AJ 3QH;). Thus, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.

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