Opinion
2003-05602.
Decided May 10, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Schulman, J.), entered May 23, 2003, which, upon renewal, granted the defendants' motion for summary judgment dismissing the complaint, which had been denied by prior order of the same court dated December 9, 2002.
Joelson Rochkind, New York, N.Y. (Maryann H. Lattner of counsel), for appellant.
Wade Clark Mulcahy, New York, N.Y. (Sean O. Edwards of counsel), for respondents.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendants established their prima facie entitlement to summary judgment dismissing the complaint in this trip-and-fall action by demonstrating that the plaintiff was unable to state at her deposition what caused her to fall ( see Novoni v. LaParma Corp., 278 A.D.2d 393; Capraro v. Staten Is. Univ. Hosp., 245 A.D.2d 256). In opposition, the plaintiff failed to raise a triable issue of fact. Therefore, upon renewal, the Supreme Court properly granted the defendants' motion for summary judgment.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.