Opinion
2003-04894.
Decided April 19, 2004.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), entered April 25, 2003, as granted the motion of the defendant Grace Episcopal Church for summary judgment dismissing the complaint insofar as asserted against it.
Pilkington Leggett, P.C., White Plains, N.Y. (Steven W. Kraus of counsel), for appellants.
Molod Spitz DeSantis, P.C., New York, N.Y. (Martin J. Semel of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, SONDRA MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
On March 21, 2000, the infant plaintiff Kayla M. Perez tripped and fell while playing in the playground of premises owned by the respondent. The respondent demonstrated its entitlement to judgment as a matter of law ( see Bongiorno v. Penske Auto. Ctr., 289 A.D.2d 520). In opposition, the plaintiffs offered mere speculation as to the cause of the accident, which was insufficient to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557; Hartman v. Mountain Valley Brew Pub., 301 A.D.2d 570; Lynn v. Lynn, 216 A.D.2d 194, 196). Accordingly, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against it.
ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.