Borges v. Zukowski

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Ambrosio, J.), dated September 27, 2004, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

In support of their motion for summary judgment dismissing the complaint, the defendants presented a prima facie case that the sole proximate cause of the accident was the negligence of the plaintiff Isaac Borges in proceeding through an…