| Ghany v Hossain |
| 2009 NY Slip Op 06116 [65 AD3d 517] |
| August 4, 2009 |
| Appellate Division, Second Department |
| Melinda Ghany, Appellant, v Yasmin A. Hossain et al.,Respondents. |
—[*1] Rivkin Radler LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Merril S.Biscone of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Kings County (Knipel, J.), dated November 2, 2007, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff's decedent allegedly fell down a flight of stairs leading from the first floor tothe basement inside the defendants' two-family house, sustaining serious injuries that led to hisdeath. After discovery was completed, the defendants moved for summary judgment dismissingthe complaint, and the Supreme Court granted the motion. We affirm.
On a motion for summary judgment, the movant must make a prima facie showing ofentitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr.,64 NY2d 851 [1985]; Zuckerman v City of New York, 49 NY2d 557 [1980]). Here, thedefendants satisfied their burden and, in opposition, the plaintiff failed to raise a triable issue offact (see Grob v Kings RealtyAssoc., 4 AD3d 394, 395 [2004]). In opposition to the motion, the plaintiff submitted,inter alia, the affidavit of an expert witness, who opined, in pertinent part, that the condition ofthe subject stairs and the upper portion of the handrail were substantial factors in causing thedecedent's injuries. Even if the stairway and handrail were defective, as the expert opined, theSupreme Court properly determined that his conclusion linking the alleged defects to thedecedent's fall was purely speculative (see Grob v Kings Realty Assoc., 4 AD3d at 395).Accordingly, the Supreme Court properly awarded the [*2]defendants summary judgment dismissing the complaint. Fisher,J.P., Miller, Chambers and Austin, JJ., concur.