SPEIRS v. DICK'S CLOTHING SPORTING GOODS

ORDERED that the order is affirmed, with costs.

The affidavit of the plaintiffs' expert, submitted in opposition to the defendant's motion, was conclusory, not based on the expert's personal knowledge, and did not set forth any specific safety guidelines allegedly violated by the merchandise display base over which the injured plaintiff fell. Therefore, that affidavit was insufficient to defeat the defendant's motion for summary judgment (see, Levitt v. County of Suffolk, 145 A.D.2d 414, 415 ; Estate of Burke v. Repetti Co., 255 A.D.2d 483 ; see also,McCrorey v. City of Buffalo, 210 A.D.2d 908 ).

The merchandise display base was an open and obvious condition readily observable through the reasonable use of one's senses (Binensztok v. Marshall Stores, 228 A.D.2d 534 ; see also, Russell v. Archer Bldg. Ctrs., Inc., 219 A.D.2d 772, 773 ). Accordingly, the Supreme Court properly granted the defendant's motion.

MANGANO, P.J., ALTMAN, SCHMIDT, and SMITH, JJ., concur.