Filed Date: 3/15/2004
Status: Precedential
Modified Date: 11/1/2024
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
On December 31, 2000, at approximately 10:40 p.m., the plaintiff Joseph Geneva slipped and fell on an accumulation of snow on the sidewalk in front of the house owned by his next-door neighbor, the defendant Jeffrey Lash.
The defendant established his entitlement to judgment as a matter of law by demonstrating that any purported negligence on his part was not a proximate cause of the injured plaintiffs injuries (see Maliszewska v Premier Distrib. Servs., 306 AD2d 517 [2003]). In opposition, the plaintiffs’ conclusory and speculative evidence failed to demonstrate the existence of any genuine issue of fact (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Florio, J.P., Schmidt, Mastro and Rivera, JJ., concur.