Richard J. Schaller, Appellant, v County of Suffolk et al., Respondents.
Appellate Division of the Supreme Court of New York, Second Department
896 NYS2d 684
Prior Case History: 2008 NY Slip Op 31699(U)
Ordered that the judgment is affirmed, with one bill of costs payable to the respondents James Kilmeade and Lauren Kilmeade.
The defendants satisfied their prima facie burden of establishing their entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court properly granted the defendants’ separate motions for summary judgment dismissing the complaint insofar as asserted against each of them.
The plaintiff’s remaining contentions are without merit or are not properly before this Court. Fisher, J.P., Dillon, Dickerson and Belen, JJ., concur. [Prior Case History: 2008 NY Slip Op 31699(U).]
