Opinion
2003-05107.
Decided May 17, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 29, 2003, which granted the defendants' motion for summary judgment dismissing the complaint.
Bigham Englar Jones Houston, New York, N.Y. (Jon D. Miller and Stephen M. Marcusa of counsel), for appellants.
O'Connor, Redd, Gollihue Sklarin, LLP, White Plains, N.Y. (Joseph A. Orlando of counsel), for respondents.
Before: NANCY E. SMITH, J.P., HOWARD MILLER, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The infant plaintiff allegedly sustained injuries when, in attempting to push open the interior entrance door of an apartment building which was owned and/or managed by the defendants, his hand went through one of the panes of glass in the door. The defendants made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to submit evidence sufficient to raise a triable issue of fact as to whether the defendants contravened industry standard and custom by failing to use safety glass in the door or whether the defendants had prior notice of the alleged dangerous condition of the glass in the door ( see Sepulveda v. Reynolds, 288 A.D.2d 368, 369; Bradley v. Smithtown Cent. School Dist., 265 A.D.2d 283; Ambrosio v. South Huntington Union Free School Dist., 249 A.D.2d 346). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.