Opinion
570410/06.
Decided November 22, 2006.
Defendants ABC Carpet Co., Inc., sued as ABC Carpet Home, Inc., and Rug Renovating Inc. d/b/a ABC Rug Carpet Cleaning Service, and sued as ABC Cleaning, appeal from an order of the Civil Court, New York County (Geoffrey D. Wright, J.), entered April 5, 2005, which denied their motion for summary judgment dismissing the complaint and all cross claims against them.
Order (Geoffrey D. Wright, J.), entered April 5, 2005, reversed, with $10 costs, motion granted, and the complaint dismissed as against the moving defendants. The Clerk is directed to enter judgment accordingly.
PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
The evidentiary submissions of the ABC Carpet defendants established that their use of the carpet cleaning machine in the living room of plaintiff's apartment did not cause or contribute to the electrical fire that erupted in her bedroom, thus meeting their initial burden of proof as the proponents of the motion for summary judgment. In opposition, plaintiff failed to raise a triable issue of fact. The affidavit of plaintiff's expert, unsupported by reference to any facts in the record or personal observations, was speculative and conclusory, and thus insufficient to raise an issue of fact as to whether the fire was caused by negligent conduct attributable to defendants ( see Zvinys v. Richfield Inv. Co., 25 AD3d 358; Saborido-Calvo v. N.Y. City Transit Auth., 11 AD3d 216).
This constitutes the decision and order of the Court.