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ROSA v. SOUTHREN

Appellate Division of the Supreme Court of New York, Second Department.
Jun 28, 2004
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiffs commenced this action to recover damages allegedly sustained in a fall in the entrance vestibule of the defendant's office. However, in opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact ( see Mansueto v. Worster, 1 A.D.3d 412; Cupo v. Karfunkel, 1 A.D.3d 48; Schoen v. King Kullen Grocery Co., 296 A.D.2d 486; Boehme v. Edgar Fabrics, 248 A.D.2d 344). Accordingly, the defendant's motion for summary judgment dismissing the complaint was properly granted.

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.