Opinion
2002-06933
Submitted April 29, 2003.
May 19, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Held, J.), dated May 1, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.
Mark Schwartz, Brooklyn, N.Y., for appellants.
Motola Klar Dinowitz Carfora, LLP, New York, N.Y. (Howard P. Klar and Kimberly A. Ricciardi of counsel), for respondents.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants established their prima facie entitlement to summary judgment dismissing the complaint by showing that they neither created an unsafe condition nor had actual or constructive notice thereof (see Rajgopaul v. Toys "R" Us, 297 A.D.2d 728; O'Callaghan v. Great Atl. Pac. Tea Co., 294 A.D.2d 416). In response, the plaintiffs failed to raise a triable issue of fact because they submitted no proof, only speculation, as to what actually may have caused the fall in question (see Rajgopaul v. Toys "R" Us, supra; Marcelle v. New York City Tr. Auth., 289 A.D.2d 459; Pianforini v. Kelties Bum Steer, 258 A.D.2d 634). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.