Opinion
2001-01629
Argued February 14, 2002.
June 10, 2002.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (M. Garson, J.), dated January 10, 2001, which granted the separate motions of the defendant and the third-party defendant for summary judgment dismissing the complaint.
Rovegno Taylor, P.C., Forest Hills, N.Y. (Robert B. Taylor of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York, N.Y. (Tara L. Stagg of counsel), for defendant third-party plaintiff-respondent.
Garbarini Scher, P.C., New York, N.Y. (William D. Buckley of counsel), for third-party defendant-respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Based, in part, upon the deposition testimony of the plantiff's decedent, the defendant and the third-party defendant made a prima facie showing of entitlement to summary judgment dismissing the complaint by demonstrating that the defendant neither created nor had notice of the alleged defective condition that caused the accident (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Kraemer v. K-Mart Corp., 226 A.D.2d 590). In opposition thereto, the plaintiff's proof merely raised feigned factual issues, and thus, was insufficient to defeat summary judgment (see McGuire v. Quinnonez, 280 A.D.2d 587; Novoni v. La Parma Corp., 278 A.D.2d 393; Martin v. W. B. Rest., Inc., 269 A.D.2d 431).
Accordingly, the Supreme Court properly dismissed the complaint.
SANTUCCI, J.P., SMITH, GOLDSTEIN and FRIEDMANN, JJ., concur.