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GUERRA v. CANTOS

38 A.D.3d 714 (2007)

830 N.Y.S.2d 917

CALIXTO GUERRA, Respondent, v. GUIDO CANTOS, Doing Business as GUIDO AUTO CARS, et al., Appellants.

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

Decided March 20, 2007.

Ordered that the order is affirmed, with costs.

The defendants failed to submit evidence sufficient to establish their prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). The parties gave conflicting deposition testimony as to how the accident occurred. Viewing the evidence in the light most favorable to the plaintiff...

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