Opinion
December 2, 1999
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered September 1, 1998, which, inter alia, granted defendants' motion for summary judgment dismissing the complaint, and denied plaintiffs' cross motion for further discovery, unanimously affirmed, without costs.
Alexander J. Wulwick, for Plaintiffs-Appellants
Jeffrey P. Santoro, Jeffrey M. Kahan, Michael M. Horowitz, and Ann K. Kandel for Defendants-Respondents.
Michael M. Horowitz for Third-Party Plaintiffs-Respondents,
Jon Quint for Third-Party Defendant-Respondent.
ELLERIN, P.J., ROSENBERGER, NARDELLI, LERNER, ANDRIAS, JJ.
Defendants' motion for summary judgment was properly granted since plaintiff was unable, in response to defendants' prima facie showing of entitlement to judgment as a matter of law, to demonstrate any triable issue as to whether her fall was attributable to a defective condition for which defendants had been responsible. "The mere fact that [plaintiff] fell and sustained injury [did] not constitute negligence" (Williams v. Port Auth. of New York and New Jersey, 247 A.D.2d 296, 297). The court also correctly denied plaintiffs' cross motion for further discovery, since it was based on nothing more than the hope that additional evidence supporting her claims would be uncovered (see,Auerbach v. Bennett, 47 N.Y.2d 619, 636).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.