Opinion
2002-09408.
December 22, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Galasso, J.), entered August 30, 2002, as granted that branch of the motion of the defendants Colin Realty Co., Fred Colin, and Chase Manhattan Corporation which was for summary judgment dismissing the complaint insofar as asserted against them and granted the separate motion of the defendant McGuire Service Corp. for summary judgment dismissing the complaint insofar as asserted against it.
Steven Cohn, P.C., Carle Place, N.Y. (Michael Dranow of counsel), for appellants.
Chesney Murphy, LLP, Baldwin, N.Y. (Marie I. Goutzounis of counsel), for respondents Colin Realty Co., Fred Colin, and Chase Manhattan Corporation.
Jeffrey M. Kadish, New York, N.Y., for respondent McGuire Service Corp.
Before: HOWARD MILLER and THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The defendants made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that they neither created nor had actual or constructive notice of the dangerous condition which allegedly caused the injured plaintiff to fall ( see Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837-838; Carricato v. Jefferson Val. Mall Ltd. Partnership, 299 A.D.2d 444; Voss v. DC Parking, 299 A.D.2d 346; Soon Rae Kim v. Caesar Chemists, 297 A.D.2d 797). Moreover, the plaintiffs failed to raise a triable issue of fact in opposition thereto ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320). Accordingly, the Supreme Court properly granted summary judgment to the defendants dismissing the complaint.
In light of our determination, we need not reach the defendants' remaining contentions.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.