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CLARK v. BLACKTOP MAINTENANCE CORP.

58 A.D.3d 663 (2009)

871 N.Y.S.2d 716

MICHAEL J. CLARK, Respondent, v. BLACKTOP MAINTENANCE CORP. et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

January 20, 2009.

Ordered that the order is affirmed, with costs.

The defendants failed to make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). The deposition testimony of various witnesses submitted by the defendants in support of the motion showed that the parties did not agree as to how the accident occurred. At the time of the accident, the defendant Douglas...

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