Opinion
2002-07936
Argued September 26, 2003.
October 27, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), entered August 7, 2002, which granted the motion of the defendants Martha Kenny, John Kevin Kenny, and Kenny Family Lost Tree Trust for summary judgment dismissing the complaint insofar as asserted against them.
Michael Clifford Associates, PLLC (Anita Nissan Yehuda, Roslyn Heights, N.Y., of counsel), for appellant.
Perez, Furey Varvaro, Uniondale, N.Y. (Anthony J. Mesita of counsel), for respondents.
Before: NANCY E. SMITH, J.P., STEPHEN G. CRANE, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In their motion for summary judgment, the respondents made a prima facie showing of entitlement to judgment as a matter of law ( see Zuckerman v. City of New York, 49 N.Y.2d 557, 562). In opposition, the appellant failed to raise a triable issue of fact to demonstrate that the owner either created the dangerous condition or had actual or constructive notice of its existence ( see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Marasia v. Noyl Coram, 260 A.D.2d 607).
Accordingly, the Supreme Court properly granted the respondents' motion for summary judgment dismissing the complaint insofar as asserted against them ( see Carter v. National Amusements, 287 A.D.2d 589; Rodriguez v. Notre Dame Academy of Staten Is., 274 A.D.2d 509, 510; Kimmel v. Ground Round, 272 A.D.2d 449).
SMITH, J.P., CRANE, MASTRO and RIVERA, JJ., concur.