Phillips v. Diodato

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated April 27, 2012, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined that the defendant failed to make a prima facie showing of his entitlement to judgment as a matter of law. In support of his motion, the defendant submitted his deposition testimony and the plaintiffs deposition testimony. The testimony provided conflicting…