PEREZ v. GRACE EPISCOPAL CHURCH

ORDERED that the order is affirmed insofar as appealed from, with costs.

On March 21, 2000, the infant plaintiff Kayla M. Perez tripped and fell while playing in the playground of premises owned by the respondent. The respondent demonstrated its entitlement to judgment as a matter of law ( see Bongiorno v. Penske Auto. Ctr., 289 A.D.2d 520). In opposition, the plaintiffs offered mere speculation as to the cause of the accident, which was insufficient to raise a triable issue of fact ( see Zuckerman v. City of New York, 49 N.Y.2d 557; Hartman v. Mountain Valley Brew Pub., 301 A.D.2d 570; Lynn v. Lynn, 216 A.D.2d 194, 196). Accordingly, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against it.

ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.