Opinion
Submitted October 13, 1999
November 15, 1999
In an action to recover damages for personal injuries, etc., the defendant Marron Realty Improvements, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 17, 1998, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.
Curtis, Zaklukiewicz, Vasile, Devine McElhenny, Merrick, N Y (William E. Morrisey of counsel), for appellant.
Young, Symons Gelfand, West Babylon, N.Y. (Ellen Buchholz of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
The appellant made out a prima facie case ( See, CPLR 3212[b]) that it was not responsible for the allegedly hazardous condition which caused the injuries sustained by the plaintiff Doreen Brienza. In opposition to the cross motion, the plaintiffs failed to set forth a valid theory of liability against the appellant and relied merely upon speculation (see, Schafrick v. Shinnecock Bait Tackle Co., 204 A.D.2d 706).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.