Opinion
No. 2006-11290.
March 11, 2008.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (McMahon, J.), dated September 21, 2006, which granted the defendants' motion for summary judgment dismissing the complaint.
Wingate, Russotti Shapiro, LLP, New York, N.Y. (Scott A. Stern of counsel), for appellants.
Marshall, Conway, Wright Bradley, P.C., New York, N.Y. Steven L. Sonkin of counsel), for respondents.
Before: Mastro, J.P., Florio, Miller and Dickerson, JJ.
Ordered that the order is affirmed, with costs.
In response to the defendants' showing that they neither created nor had actual or constructive notice of the alleged hazardous condition complained of for a sufficient length of time to discover and remedy it, the plaintiffs failed to submit admissible evidence sufficient to show the existence of a triable issue of fact ( see Gordon v American Museum of Natural History, 67 NY2d 836; Arrufat v City of New York, 45 AD3d 710; Seabury v County of Dutchess, 38 AD3d 752; Britto v Great Ail. Pac. Tea Co., Inc., 21 AD3d 436). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324).