Opinion
No. 2008-09765.
February 2, 2010.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated August 13, 2008, which granted the defendant's motion for summary judgment dismissing the complaint.
Ornstein Ornstein, P.C. (Pollack, Pollack, Isaac De Cicco New York, N.Y. [Brian J. Isaac and Jillian Rosen], of counsel), for appellant.
James J. Toomey, New York, N.Y. (Evy L. Kazansky of counsel), for respondent.
Before: Skelos, J.P., Balkin, Leventhal and Lott, JJ., concur.
Ordered that the order is affirmed, with costs.
The defendant established her prima facie entitlement to judgment as a matter of law by submitting the plaintiffs deposition testimony, in which the plaintiff was unable to explain what caused her to trip and fall ( see Curran v Esposito, 308 AD2d 428, 429; Hartman v Mountain Val. Brew Pub, 301 AD2d 570), and proof that the stairway in question was not defective. In response, the plaintiff failed to raise a triable issue of fact as to the cause of the accident or the existence of any defective condition on the stairway ( see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434, 435).
Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.