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WHACK v. WILLIAMS

2007-07760.

2008 NY Slip Op 06147

DOREEN WHACK, ETC., plaintiff-respondent, v. JOHN WILLIAMS, ET AL., defendants-respondents, BRIAN COLE, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Jerrold N. Cohen, Mineola, N.Y., for appellant.

Gregory J. Cannata, New York, N.Y., for plaintiff-respondent.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, JOSEPH COVELLO, RUTH C. BALKIN, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In support of his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him, the defendant Brian Cole failed to make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). Triable issues of fact exist, inter alia, as to whether...

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