Opinion
December 1, 1997
Appeal from the Supreme Court, Kings County (Schneier, J.).
Ordered that the order is reversed, on the law, with one bill of costs, the motion is granted, and the complaint and all cross claims are dismissed insofar as asserted against the appellant.
The infant plaintiff sustained various injuries allegedly as a result of jumping off of a large electrical-cable spool that he found in a city park. A few days before his accident, he claimed to have seen a similar spool across the street from the park in front of the appellant's premises. He brought this action, claiming that the appellant was negligent in storing or securing the spool. However, without further evidence connecting the appellant with the spool upon which the infant plaintiff was injured, it would be improper to permit a jury to speculate that the appellant's negligence caused the infant plaintiff's accident ( see, Lally v. Staten Is. Advance Co., 198 A.D.2d 213; Camillery v. Halfmann, 184 A.D.2d 488; Santos v. City of New York, 130 A.D.2d 476).
Miller, J. P., Sullivan, Santucci and Lerner, JJ., concur.