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BONGIORNO v. PENSKE AUTOMOBILE CENTER

289 A.D.2d 520 (2001)

735 N.Y.S.2d 617

JOSEPH BONGIORNO et al., Appellants, v. PENSKE AUTOMOBILE CENTER, Respondent.

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

Decided December 31, 2001.

Ordered that the order is affirmed, with costs.

In the present case, the defendant succeeded in demonstrating its entitlement to judgment as a matter of law by submitting evidence which showed that the plaintiffs were unable to identify the alleged dangerous condition which caused the accident (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320). At his examination before trial, the...

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