Opinion
Submitted April 4, 2000.
May 15, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Winick, J.), entered August 16, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Levine Gilbert, New York, N.Y. (Harvey A. Levine and Richard A. Gilbert of counsel), for appellants.
Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Christine Gasser of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly dismissed the complaint since the complained-of condition which allegedly contributed to the infant plaintiff's injuries did not constitute a defect or an inherently dangerous condition (see, Jackson v. Supermarkets Gen. Corp., 214 A.D.2d 650; Brown v. Weinreb, 183 A.D.2d 562; Coletti v. Chem. Bank, 258 A.D.2d 431; Reuscher v. Pergament Home Ctrs., 247 A.D.2d 603; Reynolds v. Reynolds, 245 A.D.2d 498). Assuming that a defect existed, it was not the proximate cause of the infant plaintiff's accident (see, Derdiarian v. Felix Constr. Corp., 51 N.Y.2d 308; Gleason v. Reynolds Leasing Corp., 227 A.D.2d 375).
There is no merit to the contention that the injury was a result of inadequate supervision by the defendant's employee (see, Mirand v. City of New York, 84 N.Y.2d 44; Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880; Walsh v. City School Dist. of Albany, 237 A.D.2d 811).
RITTER, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.