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DECKER v. BARONE

289 A.D.2d 192 (2001)

733 N.Y.S.2d 907

WAYNE DECKER, Appellant, v. MICHAEL A. BARONE et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 3, 2001.

Ordered that the judgment is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law. In response, the plaintiff failed to raise a triable issue of fact that he would have succeeded on the merits of his claims but for the alleged negligence of the defendants (see, Gibson v Worthington Div., 78 N.Y.2d 1108; Barr v Incorporated Vil. of Atl. Beach,

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