Opinion
No. 2003-00401.
December 1, 2003.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Golar, J.), dated October 24, 2002, which denied its motion for summary judgment dismissing the complaint.
Abilheira Ferrara, P.C., New York, N.Y. (John F. Newman of counsel), for appellant.
Teperman and Teperman, New York, N.Y. (Robert Damino of counsel), for respondent.
Before: HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff allegedly sustained personal injuries when she fell from a defective ladder provided to her by the defendant in order for the plaintiff to do an inventory of certain merchandise at the defendant's store. The Supreme Court denied the defendant's motion for summary judgment dismissing the complaint. We reverse.
In support of its motion, the defendant presented competent evidence in admissible form that collateral estoppel effect should be given to a determination of the Workers' Compensation Board, made after proceedings to which the plaintiff was a party, finding that she had failed to demonstrate that the injuries at issue herein arose from the fall from the ladder ( see Ryan v. New York Tel. Co., 62 N.Y.2d 494, 499; Werner v. State of New York, 53 N.Y.2d 346; O'Connor v. Midiria, 55 N.Y.2d 538; Rigopolous v. American Museum of Natural History, 297 A.D.2d 728, 729; cf. Caiola v. Allcity Ins. Co., 257 A.D.2d 586, 587; Langdon v. WEN Mgt. Co., 147 A.D.2d 450, 452). In opposition, the plaintiff failed to raise a triable issue of fact ( see e.g. Caiola v. Allcity Ins. Co., supra at 587). Accordingly, the defendant is entitled to summary judgment dismissing the complaint ( see CPLR 3212[b]; Zuckerman v. City of New York, 49 N.Y.2d 557; Dorkin v. American Express Co., 43 A.D.2d 877).
RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.