Opinion
2002-11219.
December 29, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated October 31, 2002, which granted the defendant's motion for summary judgment dismissing the complaint.
Cardali Cardali (Pollack, Pollack, Isaac De Cicco, New York, N.Y. [Michelle L. Gross, Brian J. Isaac, and Christopher J. Crawford] of counsel), for appellants.
Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Cynthia Dolan of counsel), for respondent.
Before: ROBERT W. SCHMIDT and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant met its initial burden on its motion for summary judgment of establishing that it did not create or have actual or constructive notice of the allegedly dangerous condition, and in response, the plaintiffs failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
The doctrine of res ipsa loquitur does not apply here, as the plaintiffs failed to establish that the defect or condition which caused the accident was in the exclusive control of the defendant ( see Ruggiero v. Waldbaums Supermarkets, 242 A.D.2d 268, 269; Meegan v. Westbury Prop. Inv. Co., 234 A.D.2d 433). Thus, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.