Opinion
Argued May 6, 1999
June 21, 1999
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (LaTorella, J.), dated May 6, 1998, which granted the respective motions of the defendant Flore Fence Corporation and the defendant Thomas Claro for summary judgment dismissing the complaint insofar as asserted against them.
Cheven, Keely Hatzis, New York, N.Y. (Thomas Torto of counsel), for appellants.
Ronan, McDonnell Kehoe, Melville, N.Y. (Dawn C. DeSimone and Richard Harms of counsel), for respondent Flore Fence Corporation.
Huenke Rodriguez, Melville, N.Y. (Corey E. Schmidt of counsel), for respondent Thomas Claro.
SONDRA MILLER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs.
While climbing over a temporary fence installed by the defendant Flore Fence Corporation on property owned by the defendant Thomas Claro, the infant plaintiff, then 11 years old, fell to the ground and injured his arm. The Supreme Court properly granted summary judgment to the defendants since the record presents no issues of fact warranting a trial ( see, Koppel v. Hebrew Academy of Five Towns, 191 A.D.2d 415).