In August 2007, plaintiff was driving his motorcycle southbound on Route 32 in Ulster County behind a garbage truck driven by defendant John M. Bolde and owned by defendant Panichi Holding Corporation. Plaintiff entered the northbound lane and began to pass. The truck attempted a left turn into a driveway. Plaintiffs motorcycle collided with defendants’ truck, striking the driver’s door. Plaintiff thereafter commenced this action seeking damages for his resulting injuries. Following discovery, defendants moved for summary judgment dismissing the complaint. Supreme Court denied the motion, and defendants appeal.
We affirm. It is well settled that the proponent of a summary judgment motion bears the initial burden of establishing, by admissible evidence, entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Jones v G & I Homes, Inc., 86 AD3d 786, 787 [2011]). As Supreme Court
Peters, J.E, Spain, Stein and McCarthy, JJ., concur. Ordered that the order is affirmed, with costs.
