—[*1] Thomas D. Wilson, P.C., Brooklyn, N.Y., for appellants.

Hawkins Feretic & Daly, LLP, New York, N.Y. (James M. Merlino of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated June 13, 2007, which denied their motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the evidence submitted by the plaintiffs did not establish, as a matter of law, that the injured plaintiff was free from comparative negligence (see Thoma v Ronai, 82 NY2d 736, 737 [1993]; Cator v Filipe, 47 AD3d 664 [2008]; Albert v Klein, 15 AD3d 509, 510 [2005]; Valore v McIntosh, 8 AD3d 662 [2004]). Since the plaintiffs failed to meet their burden as the movants, we need not review the sufficiency of the defendants' opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; Valore v McIntosh, 8 AD3d 662 [2004]). Rivera, J.P., Skelos, Santucci and Leventhal, JJ., concur.