Faulk v. Vital

— In an action to recover damages for personal injuries, etc., the defendant Nissan Motor Acceptance Corporation appeals from so much of an order of the Supreme Court, Nassau County (DeMaro," J.), entered March 3, 2004, as denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant’s contention, it failed to submit evidence sufficient to establish its entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).…