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HAGGERTY v. ZELNICK

2009-00057

68 A.D.3d 721 (2009)

2009 NY Slip Op 8996

888 N.Y.S.2d 903

CAREN HAGGERTY, Respondent, v. STEPHEN ZELNICK et al., Appellants.

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

Decided December 1, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. In response to the defendants' prima facie demonstration of their entitlement to judgment as a matter of law, the plaintiff submitted evidence sufficient to raise triable issues of fact (see Bard v Jahnke, 6 N.Y.3d 592, 596-597 [2006]; Alvarez v Prospect Hosp.,

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