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KLOR v. AMERICAN AIRLINES

Appellate Division of the Supreme Court of New York, Second Department.
May 19, 2003
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendants established their prima facie entitlement to summary judgment dismissing the complaint by showing that they neither created an unsafe condition nor had actual or constructive notice thereof (see Rajgopaul v. Toys "R" Us, 297 A.D.2d 728; O'Callaghan v. Great Atl. Pac. Tea Co., 294 A.D.2d 416). In response, the plaintiffs failed to raise a triable issue of fact because they submitted no proof, only speculation, as to what actually may have caused the fall in question (see Rajgopaul v. Toys "R" Us, supra; Marcelle v. New York City Tr. Auth., 289 A.D.2d 459; Pianforini v. Kelties Bum Steer, 258 A.D.2d 634). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.