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125 A.D.2d 454

Mapoy v. Johnson

Appellate Division of the Supreme Court of the State of New York · decided 1986-12-15

Decided 1986-12-15

¶1— In an action to recover damages for personal injuries to a pedestrian arising out of an automobile *455collision, the defendant James Johnson appeals from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated August 20, 1985, as denied his cross motion for summary judgment dismissing the complaint as against him.

¶2Ordered that the order is affirmed insofar as appealed from, with costs.

¶3The appellant failed to submit adequate proof to sustain his burden of showing entitlement to judgment as a matter of law (see, CPLR 3212 [b]; Brown v Visan Fuel Oil Co., 114 AD2d 396; Savage v Delacruz, 100 AD2d 707).

¶4Under these circumstances, we do not reach the issue of the sufficiency of the plaintiff’s opposing papers (see, Brown v Visan Fuel Oil Co., supra).Bracken, J. P., Niehoff, Eiber and Sullivan, JJ., concur.

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