SUAREZ v. ABAD

ORDERED that the judgment is affirmed, with costs.

The plaintiff Marivel Suarez, a letter carrier, was delivering mail to the defendants' home when she slipped and fell on what she alleged was an icy or wet condition on its front steps. Contrary to the plaintiffs' contention, the trial court providently exercised its discretion in denying their application for a continuance in order to produce the injured plaintiff's supervisor, who had failed to respond to a judicial subpoena. The plaintiffs failed to demonstrate the materiality of the supervisor's proposed testimony (see, Herbert v. Edwards Super Food Stores-Finast Supermarkets, 253 A.D.2d 789 ; Moretta v. Davenport Express, 243 A.D.2d 547 ; Insl-X Prods. Corp. v. F K Supply, 228 A.D.2d 478 ).

The plaintiffs' remaining contention is without merit.

BRACKEN, J.P., THOMPSON, SULLIVAN, and KRAUSMAN, JJ., concur.