Flores v. Nikac

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered January 16, 2014, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the common-law negligence cause of action, unanimously affirmed, without costs.

Defendants’ initial moving papers failed to establish prima facie that they were not negligent in connection with the decedent’s death.

It was only in reply to plaintiff’s opposition to the motion that defendants raised arguments specifically addressing plaintiff’s allegations, their duty under the common law, and the evidence in the…