Opinion
3049.
Decided May 25, 2004.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 5, 2003, which granted defendants' motion and cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Fraiden Palen, Esqs., Bronx (Norman Fraiden of counsel), for appellant.
Cullen and Dykman Bleakley Platt LLP, Brooklyn (Joseph Miller of counsel), for NYCHA, respondent.
Gottlieb Siegel Schwartz, LLP, Bronx (Stuart D. Schwartz of counsel), for Start Elevator, Inc., respondent.
Before: Mazzarelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ.
We affirm the grant of summary judgment dismissing the complaint on the ground that the record establishes that neither defendant received actual or constructive notice of the elevator door malfunction that led to plaintiff's injury. With regard to defendant elevator maintenance contractor (Start), the deposition testimony of Start's employee establishes that Start, whose contract to maintain the subject elevator began only one day prior to the accident, did not receive notice of the subject defect before the accident occurred, and the record contains no evidence to the contrary. With regard to defendant New York City Housing Authority (NYCHA), the evidence submitted by NYCHA was, contrary to the motion court's view, sufficient to establish that NYCHA had neither actual nor constructive notice of the door malfunction prior to the accident ( see DeSanctis v. Montgomery Elevator Co., 304 A.D.2d 936, 936-937; Tashjian v. Strong Assocs., 225 A.D.2d 907, 908-909). While plaintiff and his father allege that prior complaints were made to NYCHA personnel concerning the malfunctioning doors, such allegations are too conclusory to raise a triable issue of fact ( see Carlos v. New Rochelle Mun. Hous. Auth., 262 A.D.2d 515, 516). Finally, the affidavit of plaintiff's elevator repair expert failed to raise a triable issue as to whether the repairs that were made to the elevator a few days prior to the accident were related to the malfunction that caused plaintiff's injuries ( see Nivens v. New York City Hous. Auth., 246 A.D.2d 520, 521, lv denied 92 N.Y.2d 805).
In view of the foregoing, we need not reach plaintiff's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.