Caruana v. Fuhlbruck

—Order unanimously reversed on the law without costs, motion and cross motion denied and counterclaim reinstated. Memorandum: Supreme Court erred in granting the motion of plaintiffs seeking partial summary judgment on liability. Plaintiffs failed to present any proof regarding the proximate cause of plaintiff Maureen Caruana’s injuries and thus failed to meet their initial burden of establishing their entitlement to judgment on liability as a matter of law (see, Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315, rearg denied 52 NY2d 784; see also, Cullipher v Traffic Markings, 259 AD2d 991,…