Opinion
2000-09478
Argued December 4, 2001.
January 14, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Owen, J.), dated September 12, 2000, which granted the defendants' motion for summary judgment dismissing the complaint.
James J. Killerlane (David Samel, New York, N.Y., of counsel), for appellants.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Cynthia Dolan of counsel), for respondents.
Before: DAVID S. RITTER, ACTING P.J., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that they acted reasonably under the circumstances (see, Foster v. New Berlin Cent. School Dist., 246 A.D.2d 880; Nichter v. City of Buffalo, 74 A.D.2d 996), and that the infant plaintiff's alleged injuries resulted from a sudden and unforeseeable act (see, O'Neal v. Archdioceses of N Y, 286 A.D.2d 757; Jennings v. Oceanside Union Free School Dist., 279 A.D.2d 507, 508; Ascher v. Scarsdale School Dist., 267 A.D.2d 339). In opposition, the plaintiffs' conclusory and speculative submissions failed to raise a triable issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Jennings v. Oceanside Union Free School Dist., supra).
RITTER, ACTING P.J., FEUERSTEIN, FRIEDMANN and CRANE, JJ., concur.