MARTINO v. BRINZO


63 A.D.3d 1014 (2009)

880 N.Y.S.2d 550

JOSEPH MARTINO, Appellant, v. VITO G. BRINZO et al., Respondents.

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

Decided June 23, 2009.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's assertions, the proof submitted on the motion did not establish that the subject accident involved a rear-end collision with a stopped vehicle. The plaintiff failed to make a prima facie showing of his entitlement to summary judgment on the issue of liability. "Failure to make such showing requires denial of the motion, regardless of the sufficiency of the opposing papers" (Winegrad v New...

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