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D'ESPOSITO v. KUNG

2008-04804.

2009 NY Slip Op 06399

CAROL D'ESPOSITO, respondent, v. JOHN S. KUNG, ET AL., appellants.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Clausen Miller, P.C., New York, N.Y. (Edward L. Soyka of counsel), for appellants John S. Kung and Staten Island Ophthalmology, P.C.

Gordon & Silber, P.C., New York, N.Y. (Michael J. Laub and Andrew B. Kaufman of counsel), for appellant Zinovy Beider.

Meiselman & Gordon, LLP, New York, N.Y. (Ava M. Gordon of counsel), for respondent.

Before: William F. Mastro, J.P., Randall T. Eng, Ariel E. Belen, L. Priscilla Hall, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable by the defendants appearing separately and filing separate briefs.

The defendants John S. Kung and Staten Island Ophthalmology, P.C., and the defendant Zinovy Beider, separately established their prima facie entitlement to judgment as a matter of law through the submission of expert affidavits and deposition testimony (see Alvarez v Prospect...

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