Opinion
2015-01-14
Jonas ANDRADE, appellant, v. Carlos ZAMORA, et al., respondents.
Sacco & Fillas, LLP, Astoria, N.Y. (Albert R. Matuza, Jr., of counsel), for appellant. Richard T. Lau, Jericho, N.Y. (Keith E. Ford of counsel), for respondents.
Sacco & Fillas, LLP, Astoria, N.Y. (Albert R. Matuza, Jr., of counsel), for appellant. Richard T. Lau, Jericho, N.Y. (Keith E. Ford of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated November 20, 2013, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The defendants submitted evidence sufficient to establish, prima facie, that they maintained their premises in a reasonably safe condition and that they did not create or have actual or constructive notice of the alleged hazardous condition that caused the plaintiff's injuries ( see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 501 N.Y.S.2d 646, 492 N.E.2d 774). They also established, prima facie, that their conduct in renting the garage of their residence to the plaintiff in violation of their certificate of occupancy was not a proximate cause of the allegedly injury-producing event ( see Martinez v. Lazaroff, 48 N.Y.2d 819, 820, 424 N.Y.S.2d 126, 399 N.E.2d 1148; Horn v. Hires, 84 A.D.3d 1025, 1025–1026, 924 N.Y.S.2d 411; Johnson v. Johnson Chem. Co., 183 A.D.2d 64, 72, 588 N.Y.S.2d 607). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. ENG, P.J., MASTRO, ROMAN and MILLER, JJ., concur.