Opinion
Argued December 10, 1999
January 24, 2000
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated December 18, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.
Segan, Nemerov Singer, P.C., New York, N.Y. (Fred J. Hirsch of counsel), for appellants.
Meiselman, Farber, Packman Eberz, P.C., Mount Kisco, N Y (Robert J. Levine of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs claim that the infant plaintiff was injured when she jumped from a lifeguard stand owned by the defendant, and part of her left ring finger was severed when it caught on a nail protruding from the stand.
There is no basis to disturb the award of summary judgment to the defendant on the ground that it did not have actual or constructive notice of the alleged defective condition, and that it did not create that condition (see, Bykofsky v. Waldbaum's Supermarkets, 210 A.D.2d 280 ).
The plaintiffs' remaining contention is without merit.
BRACKEN, J.P., THOMPSON, SULLIVAN, and KRAUSMAN, JJ., concur.