Marie S. Dalinedesroches, appellant, v. Vivian Lazard, etc., respondent. (2010)

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

Marie S. Dalinedesroches, appellant, v. Vivian Lazard, etc., respondent.

2008-09765 (Index No. 14476 /06)

Decided: February 02, 2010

PETER B. SKELOS, J.P. RUTH C. BALKIN JOHN M. LEVENTHAL PLUMMER E. LOTT, JJ.

Ornstein & Ornstein, P.C. (Pollack, Pollack, Isaac & De Cicco New York, N.Y. [Brian J. Isaac and Jillian Rosen], of counsel), for appellant. James J. Toomey, New York, N.Y. (Evy L. Kazansky of counsel), for respondent.

Argued-December 21, 2009

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated August 13, 2008, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The defendant established her prima facie entitlement to judgment as a matter of law by submitting the plaintiff's deposition testimony, in which the plaintiff was unable to explain what caused her to trip and fall (see Curran v. Esposito, 308 A.D.2d 428, 429; Hartman v. Mountain Val. Brew Pub, 301 A.D.2d 570), and proof that the stairway in question was not defective. In response, the plaintiff failed to raise a triable issue of fact as to the cause of the accident or the existence of any

defective condition on the stairway (see Manning v 6638 18th Ave. Realty Corp., 28 AD3d 434, 435).

Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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