Opinion
2003-05095.
Decided April 19, 2004.
In an action to recover damages for personal injuries, the defendant Long Island Rail Road Company appeals from an order of the Supreme Court, Queens County (Grays, J.), dated March 17, 2003, which denied its motion for summary judgment dismissing the complaint.
Babchik Young, LLP, White Plains, N.Y. (Dan Quart of counsel; Diana Bunin on the brief), for appellant.
Kujawski Dellicarpini, Deer Park, N.Y. (Mark C. Kujawski of counsel), for respondent.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
On a motion for summary judgment dismissing the complaint based upon lack of notice of a dangerous condition, a defendant is required to make a prima facie showing affirmatively establishing the absence of notice as a matter of law ( see Wood v. Food Emporium, 267 A.D.2d 380; Ostuni v. East Rockaway Vil. Tavern, 238 A.D.2d 558). Here, the defendant Long Island Rail Road Company failed to make the required showing. Thus, the Supreme Court properly denied its motion for summary judgment dismissing the complaint.
RITTER, J.P., H. MILLER, GOLDSTEIN and MASTRO, JJ., concur.