Opinion
01-28-2016
NUR NABI, et al., Plaintiffs–Appellants, v. CON EDISON COMPANY OF NEW YORK, Defendant–Respondent.
Jekielek & Janis, LLP, New York (Jon D. Jekielek of counsel), for appellants. David M. Santoro, New York (Stephen T. Brewi of counsel), for respondent.
Jekielek & Janis, LLP, New York (Jon D. Jekielek of counsel), for appellants.
David M. Santoro, New York (Stephen T. Brewi of counsel), for respondent.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about July 8, 2014, which, granted plaintiffs' motion to renew and, upon renewal, adhered to its prior order granting defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.Summary judgment was properly granted in this action where plaintiff Nur Nabi was injured when he slipped on interior stairs in his home while attempting to shut off electrical power in response to a fire emanating from an inline service box attached to the exterior of the dwelling, which plaintiffs allege was owned and maintained by defendant. The record establishes that the fire in the inline box was not a proximate cause of plaintiff's injury (see Bonomonte v. City of New York, 79 A.D.3d 515, 914 N.Y.S.2d 19 [1st Dept.2010], affd. 17 N.Y.3d 866, 932 N.Y.S.2d 421, 956 N.E.2d 1266 [2011] ; Escalet v. New York City Hous. Auth., 56 A.D.3d 257, 867 N.Y.S.2d 62 [1st Dept.2008] ).
MAZZARELLI, J.P., ACOSTA, ANDRIAS, RICHTER, JJ., concur.