Opinion
3976.
Decided June 22, 2004.
Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered on or about August 26, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Reardon Sclafani, P.C., Tarrytown (Vincent M. Sclafani of counsel), for appellants.
Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for respondent.
Before: Buckley, P.J., Tom, Saxe, Sullivan, Friedman, JJ.
Defendant, by adducing evidence that it had no notice of the alleged hazard, i.e., a bottle covered with newspaper discarded on subway station stairs, carried its burden as summary judgment movant to demonstrate a prima facie entitlement to judgment, and plaintiff failed to meet its consequent burden to come forward with evidence sufficient to raise a triable issue of fact ( cf. Giuffrida v. Metro N. Commuter RR. Co., 279 A.D.2d 403). Although plaintiffs urge that the motion be denied to permit additional discovery, they have advanced no non-speculative basis to believe that additional discovery might yield evidence warranting a different disposition ( see Hernandez v. Yonkers Constr. Co., 292 A.D.2d 422, 424).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.