Opinion
2001-03847
Submitted January 3, 2003.
February 4, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered March 12, 2001, which granted the defendants' motion for summary judgment dismissing the complaint.
Oxman Tulis Kirkpatrick Whyatt Geiger, LLP, White Plains, N.Y. (Stuart E. Kahan of counsel), for appellant.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, New York, N.Y. (Justine L. Grisanti of counsel), for respondents.
Before: GABRIEL M. KRAUSMAN, J.P., WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
ORDERED that the order is affirmed, with costs.
The defendants made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiff failed to present evidence raising a triable issue as to whether a defective condition existed (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Martinez v. Trustees of Columbia Univ. in City of N.Y., 271 A.D.2d 223). Accordingly, the defendants were entitled to summary judgment dismissing the complaint.
KRAUSMAN, J.P., FRIEDMANN, MASTRO and RIVERA, JJ., concur.