Fong v. Town of Montgomery

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Orange County (Bartlett, J.), dated *947April 15, 2011, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint, as they failed to establish their prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v City of New York, 49 NY2d 557 [1980]). The defendants…