Opinion
2002-00760
Submitted October 8, 2002.
October 28, 2002.
In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated November 13, 2001, as denied that branch of its motion which was for summary judgment dismissing the complaint.
Michael E. Pressman, New York, N.Y. (Steven H. Cohen of counsel), for appellant.
Seidemann Mermelstein, Brooklyn, N.Y. (Seth Eisenberger of counsel), for respondents.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, without costs or disbursements, that branch of the motion which was for summary judgment dismissing the complaint is granted, and the complaint is dismissed.
The defendant established its prima facie entitlement to summary judgment dismissing the complaint by demonstrating that it did not have actual or constructive notice of a dangerous condition (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836). In opposition, the plaintiffs failed to raise a triable issue of fact.
RITTER, J.P., ALTMAN, H. MILLER and ADAMS, JJ., concur.