Opinion
2001-03585
Argued December 18, 2001.
January 14, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Berke, J.), entered March 19, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.
Abbott Bushlow Pond, Ridgewood, N.Y. (Alan Bushlow of counsel), for appellants.
Huenke Rodriguez (Anita Nissan Yehuda, Roslyn Heights, N.Y.), for respondent.
Before: MYRIAM J. ALTMAN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, A. GAIL PRUDENTI, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The defendant made a prima facie showing of entitlement to judgment as a matter of law (see, Zuckerman v. City of New York, 49 N.Y.2d 557). The defendant had neither a statutory nor a common-law duty to provide window guards in the subject apartment, since no one under 10 years of age resided there (see, Deer v. DiPiazza, 225 A.D.2d 514; Costanzo v. New York City Hous. Auth., 158 A.D.2d 576; Ramos v. 600 W. 183rd St., 155 A.D.2d 333). In opposition, the plaintiffs failed to raise a triable issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
ALTMAN, J.P., ADAMS, TOWNES and PRUDENTI, JJ., concur.