Opinion
2014-06-4
Welquis LOPEZ, appellant, v. RETAIL PROPERTY TRUST, et al., respondents.
Edelstein & Grossman, New York, N.Y. (Jonathan I. Edelstein of counsel), for appellant. Ansa Assuncao LLP, White Plains, N.Y. (Thomas O. O'Connor of counsel), for respondents.
Edelstein & Grossman, New York, N.Y. (Jonathan I. Edelstein of counsel), for appellant.Ansa Assuncao LLP, White Plains, N.Y. (Thomas O. O'Connor of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brown, J.), entered May 16, 2012, which granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint. The defendants showed that the subject escalator was functioning properly before and after the accident and that they did not have notice of any defect ( see Lasser v. Northrop Grumman Corp., 55 A.D.3d 561, 865 N.Y.S.2d 301;Hardy v. Lojan Realty Corp., 303 A.D.2d 457, 755 N.Y.S.2d 901).
In opposition, the plaintiff submitted an expert's affidavit. As the expert's affidavit is speculative and conclusory, and assumes facts not supported by the evidence, it does not raise a triable issue of fact ( see Shapiro v. Gurwin Jewish Geriatric Nursing & Rehabilitation Ctr., 84 A.D.3d 1348, 923 N.Y.S.2d 894;Ioffe v. Hampshire House Apt. Corp., 21 A.D.3d 930, 800 N.Y.S.2d 757;Gralnik v. Brighton Beach Assoc., 3 A.D.3d 518, 770 N.Y.S.2d 633;Scola v. Sun Intl. N. Am., 279 A.D.2d 466, 719 N.Y.S.2d 107). Therefore, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.
The parties' remaining contentions either are without merit or need not be reached in light of our determination. MASTRO, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.