Opinion
570612/08.
Decided January 28, 2009.
Order (Joan M. Kenney, J.), entered March 27, 2008, reversed, with $10 costs, and the motion of defendant Pipeline Construction, LLC for summary judgment dismissing the complaint against it granted. The Clerk is directed to enter judgment accordingly.
Defendant Pipeline Construction, LLC appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered March 27, 2008, which denied its motion for summary judgment dismissing the complaint.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Defendant Pipeline Construction, LLC made a prima facie showing of entitlement to summary judgment by establishing that it did not perform any construction or road work on the northeast corner of 96th Street near Madison Avenue, where plaintiff fell ( see Flores v City of New York, 29 AD3d 356, 358; Robinson v City of New York, 18 AD3d 255, 256). Plaintiff's speculative assertions that the earlier work undertaken by defendant on Madison Avenue, away from the location of plaintiff's fall, impacted construction work on surrounding and adjacent areas, are insufficient to raise a triable issue ( see Cacciatore v City of New York, 49 AD3d 271 lv denied 11 NY3d 705); Flores v City of New York, 29 AD3d 356).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.