Opinion
Argued December 10, 1999
January 24, 2000
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Dye, J.), entered June 19, 1998, which, upon a jury verdict on the issue of liability, is in favor of the defendants and against them, dismissing the complaint.
Robert S. Michaels, New York, N.Y. (Geoffrey L. Craig of counsel), for appellants.
Rivkin, Radler Kremer, Uniondale, N.Y. (Evan H. Krinick and Michael P. Versichelli of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The plaintiff Marivel Suarez, a letter carrier, was delivering mail to the defendants' home when she slipped and fell on what she alleged was an icy or wet condition on its front steps. Contrary to the plaintiffs' contention, the trial court providently exercised its discretion in denying their application for a continuance in order to produce the injured plaintiff's supervisor, who had failed to respond to a judicial subpoena. The plaintiffs failed to demonstrate the materiality of the supervisor's proposed testimony (see, Herbert v. Edwards Super Food Stores-Finast Supermarkets, 253 A.D.2d 789 ; Moretta v. Davenport Express, 243 A.D.2d 547 ; Insl-X Prods. Corp. v. F K Supply, 228 A.D.2d 478 ).
The plaintiffs' remaining contention is without merit.
BRACKEN, J.P., THOMPSON, SULLIVAN, and KRAUSMAN, JJ., concur.