DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The plaintiff Carmine Matone allegedly was injured when he fell as he stepped off the curb in front of the West Islip Twin Cinemas, a movie theater operated by the defendant WITC Corporation (hereinafter WITC). The theater was located in a shopping center owned by the defendant DGM Partners Rye Limited Partnership (hereinafter DGM). Matone and his wife commenced this action against DGM and WITC, alleging that the fall was caused by the excessive height of the curb and inadequate lighting. DGM and WITC separately moved for summary judgment dismissing the complaint insofar as asserted against them. The Supreme Court granted the motions concluding that the allegedly defective condition of the curb was readily observable. We affirm, but on a different ground.
DGM and WITC established their entitlement to judgment as a matter of law by demonstrating that the curb was not defective and that the lighting was adequate. In opposition, the plaintiffs' submissions, including their experts' affidavits, were insufficient to raise a triable issue of fact ( see Diaz v. New York Downtown Hosp., 99 N.Y.2d 542, 544-545; Ambrosio v. South Huntington Union Free School Dist., 249 A.D.2d 346; Beyda v. Helmsley Enters., 245 A.D.2d 479). Although one of the experts stated that the curb violated a provision of the New York State Uniform Fire Prevention and Building Code ( see 9 NYCRR 765.4), that provision applies to stairways, not sidewalk curbs.
In light of the foregoing, it is unnecessary to address the parties' remaining contentions.
ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.