Opinion
July 3, 1989
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the judgment is affirmed, with costs.
We find that dismissal of the complaint was warranted. The infant plaintiff was allegedly injured when several fertilizer bags stored in the defendant's garage fell on him. Viewed in the light most favorable to the plaintiffs (see, Cruz v New York City Tr. Auth., 136 A.D.2d 196), the evidence was insufficient to establish that the defendant breached his duty to maintain his property in a reasonably safe manner (see, D'Amico v Christie, 71 N.Y.2d 76; Basso v Miller, 40 N.Y.2d 233).
We find that the plaintiffs' remaining contentions are without merit. Thompson, J.P., Lawrence, Balletta and Rosenblatt, JJ., concur.