Opinion
Argued February 10, 2000.
April 3, 2000.
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 (Coppola, J.), entered April 15, 1999, as granted the defendant's cross motion for summary judgment dismissing the complaint.
Rothschild, Himmelfarb, Sher Pearl, LLP, White Plains, N Y (Norman D. Himmelfarb and Shelley R. Halber of counsel), for appellants.
Baxter Smith, P.C., White Plains, N.Y. (Sim R. Shapiro of counsel), for respondent.
SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the defendant's cross motion for summary judgment dismissing the complaint. The defendant made a prima facie showing that it was entitled to judgment as a matter of law by offering sufficient evidence demonstrating the absence of any material fact (see, CPLR 3212[b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 ). The conclusory allegations asserted in the affidavit of the plaintiffs' expert were insufficient to raise a triable issue of fact and defeat the motion for summary judgment (see, Aghabi v. Sebro, 256 A.D.2d 287 ; Tropeano v. Astoria Gen. Hosp., 235 A.D.2d 532 ).
The plaintiffs' remaining contentions are without merit.