Opinion
2001-04520
Argued October 3, 2002.
October 28, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 23, 2001, which granted the defendants' motion for summary judgment dismissing the complaint.
Kerner Kerner, New York, N.Y. (Kenneth T. Kerner and Richard Kerner of counsel), for appellants.
William M. Mooney III, Corporation Counsel, Yonkers, N.Y. (Lee Ann Crossley of counsel), for respondents.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing of entitlement to judgment as a matter of law by establishing that they were not negligent in their supervision of the injured plaintiff (see Eldridge v. Long Beach City School Dist., 255 A.D.2d 548, 549; see also Zuckerman v. City of New York, 49 N.Y.2d 557). In opposition, the plaintiffs failed to raise a triable issue of fact regarding the supervision afforded by the defendants or the proximate cause of the accident. Specifically, the affidavit of the plaintiffs' purported expert was insufficient in this regard (see Merson v. Syosset Cent. School Dist., 286 A.D.2d 668; Kazlow v. City of New York, 253 A.D.2d 411; Loewenthal v. Catskill Funland, 237 A.D.2d 262, 263). Thus, the Supreme Court properly granted summary judgment to the defendants.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.