Opinion
June 25, 1990
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order and judgment is affirmed, with one bill of costs.
The plaintiff fell on a ramp leading to the entrance of a store operated by Toys "R" Us, Inc. At her examination before trial, she could not identify the exact location or the cause of her fall, but merely speculated as to several possibilities, each of which she then negated. The Supreme Court examined photographs of the scene and found that they showed the surface of the ramp to be clean, free from defects, and equipped with a handrail. We agree that, under the facts and circumstances of this case, the defendants established their defense sufficiently to warrant the court granting judgment as a matter of law in their favor, and the plaintiffs have failed to establish the existence of any triable issues of fact requiring a trial (see, Zuckerman v. City of New York, 49 N.Y.2d 557). Thompson, J.P., Sullivan, Harwood and Miller, JJ., concur.