Opinion
2001-10543
Argued September 5, 2002.
September 24, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated September 5, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.
Barry Seidel, Forest Hills, N.Y. (Susan R. Nudelman of counsel), for appellants.
McAndrew, Conboy Prisco, Woodbury, N.Y. (Robert M. Ortiz and Mary C. Villeck of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
ORDERED that the order is affirmed, with costs.
The defendant established its prima facie entitlement to summary judgment dismissing the complaint by showing that it neither created an unsafe condition nor had actual or constructive notice thereof (see Pianforini v. Kelties Bum Steer, 258 A.D.2d 634; Marcelle v. New York City Transit Authority, 289 A.D.2d 459). In response, the plaintiffs submitted no proof, only speculation, as to what actually may have caused the fall (see Pianforini v. Kelties Bum Steer, supra). The conclusory affidavits supplied by the plaintiffs contradicted prior deposition testimony and do not constitute the sort of evidence needed to defeat a motion for summary judgment (see Humphreys v. Veneziano, 268 A.D.2d 461; see also Marcelle v. New York City Transit Authority, supra).
The plaintiffs' remaining contentions are without merit.
FLORIO, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.