Zupnick v City of New Rochelle, 2019 NY Slip Op 04755 [173 AD3d 950]

June 12, 2019

Appellate Division, Second Department

[*1]

Henry D. Zupnick, Respondent,

v

City of New Rochelle et al., Defendants, and Matthew C. Rizzetta et al., Appellants.

Rende, Ryan & Downes, LLP, White Plains, NY (Jonathan Reed and Alissa Mendys of counsel), for appellants.

Debra S. Reiser, New York, NY, for respondent.

In an action to recover damages for personal injuries, the defendants Matthew C. Rizzetta and Daniela Rizzetta appeal from an order of the Supreme Court, Westchester County (Mary H. Smith, J.), dated January 23, 2017. The order, insofar as appealed from, denied those defendants’ motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

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

The underlying facts of this action are summarized in the companion appeal ( see Zupnick v City of New Rochelle , 173 AD3d 947 [2019] [decided herewith]).

The appellants failed to demonstrate their prima facie entitlement to judgment as a matter of law. Therefore, we need not consider the sufficiency of the papers submitted in opposition ( see Alvarez v Prospect Hosp. , 68 NY2d 320, 324 [1986]).

Accordingly, we agree with the Supreme Court’s determination denying the appellants’ motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. Dillon, J.P., Cohen, Duffy and Christopher, JJ., concur..