Appellate Division of the Supreme Court of New York, 1998

Bullard v. Bender

Bullard v. Bender
Appellate Division of the Supreme Court of New York · Decided June 22, 1998
251 A.D.2d 526; 673 N.Y.S.2d 921; 1998 N.Y. App. Div. LEXIS 7539
Bullard v. Bender

Opinion of the Court

—In *527an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated July 21, 1997, which granted the defendant’s motion for summary judgment dismissing the complaint and denied the plaintiffs cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. After the defendant made a prima facie showing of entitlement to summary judgment, the plaintiff offered nothing but conclusory assertions and failed to present any genuine factual issue which would preclude summary relief (see, Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065; Sarver v Martyn, 161 AD2d 623). Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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