Giovenco v Abeshouse, 2016 NY Slip Op 00930 [136 AD3d 744]

February 10, 2016

Appellate Division, Second Department

[*1]

Amber Giovenco et al., Appellants,

v

Evelyn Abeshouse et al., Defendants, and Lillian DeRosa, Respondent.

Sacco & Fillas, LLP, Astoria, NY (Albert R. Matuza, Jr., of counsel), for appellants.

Picciano & Scahill, P.C., Westbury, NY (Francis J. Scahill and Andrea E. Ferrucci of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Galasso, J.), entered April 23, 2015, as granted that branch of the motion of the defendant Lillian DeRosa which was for summary judgment dismissing the complaint insofar as asserted against her.

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

The defendant Lillian DeRosa established her prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against her by demonstrating that her vehicle never made contact with the plaintiff Amber Giovenco ( see Alvarez v Prospect Hosp. , 68 NY2d 320, 324 [1986]). In opposition, the plaintiffs failed to raise a triable issue of fact ( see id. at 324). Accordingly, the Supreme Court properly granted that branch of DeRosa’s motion which was for summary judgment dismissing the complaint insofar as asserted against her. Mastro, J.P., Leventhal, Austin and LaSalle, JJ., concur..