Zaccara v. Goff

In a negligence action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Dounias, J.), dated June 7, 1988, as, upon reargument, adhered to its original determination in an order of the same court dated February 5, 1988, granting the defendant’s motion for summary judgment dismissing the complaint.

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

It is incumbent upon the court to decide in the first instance whether a plaintiff has made out a prima facie case of serious…