Brice v. Vermeulen

In an action to recover damages for personal injuries, etc., the defendants Kevin Vermeulen and Maria Vermeulen appeal from an order of the Supreme Court, Nassau County (Murphy, J.), *859dated December 30, 2009, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The appellant homeowners failed to demonstrate their prima facie entitlement to judgment as a matter of law, thereby precluding the granting of their motion for summary judgment. The appellants acknowledged in their respective depositions…