Opinion
2002-08721
Argued March 4, 2003.
March 17, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (La Cava, J.), entered March 25, 2002, as granted the motion of the defendants third-party plaintiffs for summary judgment dismissing the complaint.
Mark E. Weinberger, P.C., Great Neck, N.Y. (Marc J. Musman of counsel), for appellants.
Eustace Marquez, White Plains, N.Y. (Diane Miceli of counsel), for defendants third-party plaintiffs-respondents.
Charles V. Borsetti, White Plains, N.Y. (John J. Bello, Jr., of counsel), for third-party defendant-respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendants demonstrated their entitlement to judgment as a matter of law by submitting evidence which showed that they did not create or have actual or constructive notice of the alleged dangerous condition which caused the infant plaintiff's injury (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Blaszczyk v. Riccio, 266 A.D.2d 491; Freeman v. Cobos, 240 A.D.2d 698).
The affidavit of the plaintiffs' expert was insufficient to defeat the defendants' motion for summary judgment because it was speculative, conclusory, and unsubstantiated (see Billordo v. E.P. Realty Assocs., 300 A.D.2d 523 [2d Dept, Dec. 23, 2002]; Rovegno v. Church of the Assumption, 268 A.D.2d 576; Ambrosio v. South Huntington Union Free School Dist., 249 A.D.2d 346). Accordingly, the plaintiffs failed to raise a triable issue of fact, and the defendants' motion for summary judgment was properly granted (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur.