Opinion
2866.
Decided March 16, 2004.
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 23, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Kenneth B. Goldblatt, for Plaintiff-Appellant.
Mayya S. Gotlib, for Defendant-Respondent.
Before: Buckley, P.J., Sullivan, Williams, Gonzalez, JJ.
Defendant demonstrated that the premises were not in violation of any aspect of the Building Code as applicable to defendant's landmark theater, which was constructed well before the promulgation of the current regulations ( see Jones v. Presbyterian Hosp., 3 A.D.3d 225, 2004 N.Y. App. Div LEXIS 657, at *6); there was no evidence that the stairs on which plaintiff fell were not cleaned or properly maintained; and plaintiff admitted that she does not know what caused the accident. Defendant therefore made out a prima facie demonstration of entitlement to summary judgment, shifting the burden to plaintiff to demonstrate the existence of a material issue of fact by admissible evidence ( see Wright v. South Nassau Communities Hosp., 254 A.D.2d 277, 277-278). Plaintiff offered only an affidavit of an expert, which, in the particular circumstances of this case, was insufficient ( compare June v. Zikakis Chevrolet, 199 A.D.2d 907, 909).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.