CORDEN v. SCHUR REALTY COMPANY (2004)

Supreme Court, Appellate Division, First Department, New York.

Kerry CORDEN, et al., Plaintiffs-Appellants, v. SCHUR REALTY COMPANY, L.L.C., etc., et al., Defendants-Respondents.

Decided: October 21, 2004

TOM, J.P., WILLIAMS, FRIEDMAN, MARLOW, SWEENY, JJ.

Sullivan Papain Block McGrath & Cannavo P.C., New York (Stephen C. Glasser of counsel), for appellants. Greater New York Mutual Insurance Company, New York (Thomas D. Hughes of counsel), for Schur Realty Company, L.L.C. and Schur Management Co., Ltd., respondents. Molod Spitz & DeSantis, P.C., New York (Marcy Sonneborn of counsel), for Sterling Elevator Corp., respondent.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about October 20, 2003, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motions were properly granted given no evidence that the elevator in question had ever previously or subsequently malfunctioned, and an expert's affidavit in opposition that is pure speculation concerning the cause of the alleged malfunction (see Rodriguez v. Davis Equip. Corp., 235 A.D.2d 222, 651 N.Y.S.2d 528 [1997] ). We have considered and rejected plaintiffs' other claims.

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