Newport v. Rogosin Institute

In an action, inter alia, to recover damages for wrongful death, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Donoghue, J.), dated January 6, 2009, which granted the defendants’ motion for summary judgment dismissing so much of the complaint as sought to recover damages for wrongful death.

Ordered that the order is affirmed, with costs.

The defendants made a prima facie showing of entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]) by submitting evidence…