Hernandez v. Ricci
788 N.Y.S.2d 867
N.Y. App. Div.
2005
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MARY HERNANDEZ, Respondent, v GARY S. RICCI, Appellant.

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

788 NYS2d 867

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Richmond County (Minardo, J.), dated October 23, 2003, as denied his cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.

The defendant established his prima facie entitlement to judgment as a matter of law by demonstrating that the accident was caused as a result of an onset of a sudden, unforeseeable medical emergency (see

;
;
). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact.

Crane, J.P., Rivera, Skelos and Lifson, JJ., concur.