DECISION ORDER
ORDERED that the order is reversed insofar as appealed and cross-appealed from, on the law, with one bill of costs, the motion and that branch of the cross motion which was for summary judgment are granted, the complaint and all cross claims are dismissed insofar as asserted against the defendants Edward Ehrbar, Inc., and Edward Ahern, a/k/a Edward Aherne, a/k/a Edward Ahearn, and the action against the remaining defendants is severed.
The plaintiff Paul Zimmerman allegedly sustained injuries while descending steps in front of a house. He claimed that the cause of his fall was a height differential of the riser of the bottom step compared to the other steps.
The appellants established their entitlement to judgment as a matter of law by submitting evidence that the alleged cause of the plaintiff's fall was based on speculation (see Bitterman v. Grotyohann, 295 A.D.2d 383, 384; Schmidt v. Barstow Assocs., 276 A.D.2d 784; Dapp v. Larson, 240 A.D.2d 918, 919; Rambo v. Longmore, 269 App. Div. 859, affd, 295 N.Y. 792). In opposition, the plaintiffs failed to present sufficient evidence to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557).
In light of our determination, we need not reach the parties' remaining contentions.
FEUERSTEIN, J.P., McGINITY, ADAMS and CRANE, JJ., concur.