Opinion
2001-07819
Argued October 8, 2002.
October 28, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated August 7, 2001, which granted those branches of the defendants' separate motions which were for summary judgment dismissing the amended complaint insofar as asserted against them.
Kaye Lenchner, Mineola, N.Y. (Mitchell J. Lenchner of counsel), for appellants.
Greenfield Reilly (Carol R. Finocchio, New York, N.Y. [Susan M. Daly and Marie Hodukavich] of counsel), for respondent IBS Realty Management.
Michael F. X. Manning, Melville, N.Y. (David R. Holland of counsel), for respondent McFar Contractors, Inc.
Murray McCann, Rockville Centre, N.Y. (Francis J. Murray and Joseph D. McCann of counsel), for respondent Professional Construction Corp.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The defendants satisfied their initial burden on those branches of their separate motions which were for summary judgment dismissing the amended complaint insofar as asserted against them by demonstrating that the injured plaintiff was unable to specifically identify the cause of his fall on a stairway. In response, the plaintiffs failed to submit evidence in admissible form sufficient to raise a triable issue of material fact (see Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the Supreme Court correctly granted those branches of the motions which were for summary judgment dismissing the amended complaint insofar as asserted against them (see Secchi v. Waldbaum, Inc., 270 A.D.2d 329; Van Skyock v. Burlington N.-Santa Fe Co., 265 A.D.2d 545; Quinn v. Artcraft Constr., 203 A.D.2d 444; Garvin v. Rosenberg, 204 A.D.2d 388).
RITTER, J.P., ALTMAN, H. MILLER and ADAMS, JJ., concur.