Opinion
February 23, 1999
Appeal from the Supreme Court, Bronx County (Kenneth Thompson, Jr., J.).
The grant of summary judgment dismissing the complaint was proper since defendant's evidence of lack of notice of the alleged elevator defect sufficiently made out a prima facie entitlement to judgment in its favor as a matter of law that was not compromised by plaintiff's testimony that she did not remember any details of the 1993 accident or by her subsequently submitted 1997 affidavit contradicting that testimony without explanation ( see, Robbins v. K-Mart Corp., 248 A.D.2d 867, 868; Rubinberg v. Walker, 252 A.D.2d 466).
Concur — Rubin, J. P., Mazzarelli, Andrias and Saxe, JJ.