| Kletke v GOS Corp. |
| 2008 NY Slip Op 04657 [51 AD3d 875] |
| May 20, 2008 |
| Appellate Division, Second Department |
| Teresa Kletke, Appellant, v GOS Corp.,Respondent. |
—[*1] John P. Humphreys, Melville, N.Y. (Scott W. Driver of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from (1) an orderof the Supreme Court, Queens County (Price, J.), entered September 25, 2006, which granted thedefendant's motion for summary judgment dismissing the complaint, and (2) an order of the samecourt (Cullen, J.), dated March 12, 2007, which denied her motion for leave to renew heropposition to the defendant's motion.
Ordered that the orders are affirmed, with one bill of costs.
The defendant established its prima facie entitlement to judgment as a matter of law (seeAlvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]) by demonstrating that the plaintiff,who was walking in the defendant's basement hallway, was unable to identify the cause of heraccident (see Slattery v O'Shea, 46AD3d 669 [2007]; Manning v 663818th Ave. Realty Corp., 28 AD3d 434 [2006]; Visconti v 110 Huntington Assoc.,272 AD2d 320 [2000]). In opposition, the plaintiff failed to submit evidence sufficient toraise a triable issue of fact.
The Supreme Court properly denied the plaintiff's motion for leave to renew her oppositionto the defendant's motion because the new facts proffered would not have changed the priordetermination (see CPLR 2221 [e]; Madison v Tahir, 45 AD3d 744 [2007]; State Farm Mut. Auto. Ins. Co. v HertzCorp., 43 AD3d 907 [2007]). Prudenti, P.J., Miller, Carni and Chambers, JJ., concur.