Opinion
2002-01507
December 2, 2002.
December 23, 2002.
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered December 19, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.
Ofshtein Ross, P.C., Brooklyn, N.Y. (Valeria Deyeso-Calloway of counsel), for appellant.
Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff commenced this action, inter alia, to recover damages for wrongful death after her daughter drowned while swimming at a park operated by the defendant. The Supreme Court granted the defendant's motion for summary judgment dismissing the complaint. We affirm.
In support of its motion, the defendant demonstrated a prima facie entitlement to judgment as a matter of law by proffering evidence that it discharged the duty of general supervision owed the decedent by providing an experienced and competent lifeguard (see Curcio v. City of New York, 275 N.Y. 20, 24; Maher v. Madison Square Garden Corp., 242 N.Y. 506; Maull v. State of New York, 16 Misc.2d 499). In opposition to such a prima facie demonstration, the plaintiff failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; cf. Duong v. City Univ. of New York, 150 A.D.2d 349). Thus, notwithstanding the plaintiff's lesser degree of proof in this wrongful death action (see Johnson v. Sniffen, 265 A.D.2d 304), the defendant's motion for summary judgment was properly granted.
RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.