Gomez v. Hilfiger

In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Orange County (Horowitz, J.), dated January 22, 2007, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant satisfied his prima facie burden of establishing entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). In opposition thereto, by submitting the affidavits of the investigating officer and the accident investigator, the plaintiff raised triable…