Opinion
March 19, 1998
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
The motion court erred in finding that plaintiffs' expert's affidavit raised triable issues of fact. His opinion, that plaintiff's slip and fall was the result of defendants' negligence in applying wax to their building's floor with a buffing machine, was based, allegedly, on a review of the record and a visit to the accident site, the latter occurring apparently seven years after the accident. However, the only evidence asserted in this regard was the building superintendent's uncontroverted testimony that the buffing machine was not used to apply wax. To the extent that the expert's opinion may have been based on the belated site visit, it should be disregarded as conclusory ( see, Duffy v. Universal Maintenance Corp., 227 A.D.2d 238; Drillings v. Beth Israel Med. Ctr., 200 A.D.2d 381).
Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.