VALORE v. McINTOSH

ORDERED that the order is affirmed, with costs.

This case involves a motor vehicle accident which occurred on July 2, 2002, at the intersection of Old Town Road and Wilson Street in Staten Island The evidence submitted by the plaintiffs in support of their motion did not establish as a matter of law that the injured plaintiff was free from comparative negligence ( see Thoma v. Ronai, 82 N.Y.2d 736; Romano v. 202 Corp., 305 A.D.2d 576; Eastmond v. Wen Po Wong, 300 A.D.2d 344; Millus v. Milford, 289 A.D.2d 543). The plaintiffs' failure to meet their prima facie burden of demonstrating entitlement to judgment as a matter of law ( see Winegrad v. New York Med. Ctr., 64 N.Y.2d 851, 853), rendered the sufficiency of the defendant's opposition papers academic ( see Lacagnino v. Gonzalez, 306 A.D.2d 250). Thus, the Supreme Court properly denied the plaintiffs' motion for summary judgment on the issue of liability.

In light of our determination, we do not reach the parties' remaining contentions.

SMITH, J.P., KRAUSMAN, ADAMS and SKELOS, JJ., concur.