Opinion
2000-06756
Argued November 16, 2001
December 3, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Adams, J.), dated May 22, 2000, which, inter alia, granted the motion of the defendants Blaich House and Home Realty, Inc., and Diane Harragan d/b/a Blaich House and Home Realty, and the cross motion of the defendants Margaret Walsh and the Estate of Robert Walsh for summary judgment dismissing the complaint insofar as asserted against them.
Jeffrey Gross, Great Neck, N.Y., for appellants.
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N Y (Ann K. Kandel and Michael Kruzynski of counsel), for respondents Margaret Walsh and the Estate of Robert Walsh.
John T. Ryan Associates, Garden City, N Y (Michael A. Dantuono and Paul D. Lawless of counsel), for respondents Blaich House and Home Realty, Inc., and Diane Harragan d/b/a Blaich House and Home Realty.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs.
The respondents' motion and cross motion were properly granted. The respondents made out a prima facie case demonstrating that they did not create the allegedly dangerous condition, nor did they have actual or constructive knowledge thereof. The plaintiffs' allegation that the injured plaintiff slipped on water which settled on a basement step due to vapor from an improperly — vented dryer was nothing more than mere speculation, and thus, was insufficient to show the existence of a triable issue of fact (see, Viskovic v. ENK Enters., 282 A.D.2d 672; Gianchetta v. E.B. Mar., 258 A.D.2d 618).
The plaintiffs' remaining contentions are without merit.
O'BRIEN, J.P., FLORIO, SCHMIDT and SMITH, JJ., concur.