Opinion
Argued April 24, 2001
May 21, 2001.
In an action to recover damages for personal injuries, etc., the defendants Suffolk County Water Authority and Joseph G. Sorgie appeal from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), dated September 14, 2000, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for appellants.
Siben Siben, Bay Shore, N.Y. (Alan G. Faber of counsel), for respondents.
Patrick F. Adams, P.C., Bay Shore, N.Y. (Gary A. Pagliarello of counsel), for defendant.
Before: DAVID S. RITTER, J.P. GABRIEL M. KRAUSMAN HOWARD MILLER NANCY E. SMITH, JJ.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.
The appellants made a prima facie showing that they were entitled to judgment as a matter of law. The affirmation submitted by the plaintiffs in opposition to that motion was insufficient to establish a triable issue of fact (see, Abitol v. Schiff, 276 A.D.2d 571). Mere speculation that the appellants may have failed to take some unspecified measure to avoid the accident, or in some other way contributed to the occurrence of the accident, without evidentiary support in the record, is insufficient to defeat a motion for summary judgment (see, CPLR 3212[b]; Mehring v. Cahill, 271 A.D.2d 415). Accordingly, the appellants are entitled to summary judgment dismissing the complaint insofar as asserted against them.
RITTER, J.P., KRAUSMAN, H. MILLER and SMITH, JJ., concur.