Scurlock v. Boston

In an action to recover damages *779for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Glover, J.), dated June 2, 2003, which granted the motion of the plaintiff Albert Hicks for summary judgment dismissing their counterclaim asserted against him and, upon searching the record, granted partial summary judgment to the plaintiffs on the issue of liability.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the counterclaim is reinstated.

The party moving for summary judgment must make a prima facie showing of…