Opinion
July 20, 1998
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the order is affirmed, without costs or disbursements.
On July 2, 1994, the infant plaintiff Jacqueline Gudmand sustained injuries as a result of a fall on a concrete walkway located within the Incorporated Village of Ocean Beach. It is undisputed that the Village had not received written notice of the alleged defective condition prior to the date of the accident. Moreover, there is no proof that the Village had actual or constructive notice of the alleged defective condition of the walkway, and the plaintiffs' speculative and conclusory allegations were insufficient to raise a triable issue of fact with respect to whether the Village may have created the alleged defect through negligent repair ( see, Sloan v. Village of Hempstead, 223 A.D.2d 632; Mendes v. Whitney-Floral Realty Corp., 216 A.D.2d 540; Tyschak v. Incorporated Vil. of Westbury, 193 A.D.2d 670).
Accordingly, the court properly granted the motion of the Village which was, in effect, for summary judgment dismissing the complaint insofar as it was asserted against it ( see, Village Law § 6-628; Kiernan v. Thompson, 73 N.Y.2d 840; Karnes v. City of White Plains, 237 A.D.2d 574).
Ritter, J. P., Santucci, Joy and Florio, JJ., concur.