Opinion
April 27, 1998
Appeal from the Supreme Court, Suffolk County (Cannavo, J.).
Ordered that the appeal of the plaintiff Anita Marie Slater is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8); and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the respondents are awarded one bill of costs.
The plaintiff Renee Gill was injured when the automobile in which she was a passenger allegedly drove into a "hole and ditch" in the road, causing the driver to lose control of the vehicle and drive into a tree. Although the complaint alleged that the accident occurred as a result of a "hole and ditch" in the road, the plaintiffs Renee Gill and Merrill Gill failed to present any evidence to establish the existence of such a defect. To the contrary, the evidence shows that there was no such defect in the road. In this respect, the police report makes no note of any defective road condition. Rather, the police report states that the "operator states that brake failed causing her to lose control of vehicle". Moreover, the injured plaintiffs husband, Merrill Gill, testified that he viewed the accident scene, but could find no potholes. Similarly, employees of both the defendant County of Suffolk and the defendant Pav-Co Asphalt, Inc., testified that they inspected the area and could find no dangerous condition. Accordingly, the defendants County of Suffolk and Pav-Co Asphalt, Inc., are entitled to summary judgment.
Rosenblatt, J.P., Copertino, Goldstein and McGinity, JJ., concur.