CONROY v. MARMON ENTERPRISES, INC

Ordered that the judgment is affirmed, with one bill of costs.

The plaintiff was injured when he fell off a forklift on which he was standing as it traveled over a speed bump, which had a 6-inch gap in it for drainage purposes. The plaintiff has failed to present any evidence that the defendant third-party plaintiff, Marmon Enterprises, Inc., the owner of the premises, was negligent, because he failed to establish that the speed bump was defective or constituted a dangerous condition ( see, Pilato v. Diamond, 209 A.D.2d 393). Moreover, to the extent that the plaintiff admitted to standing on the forklift for his convenience, he assumed the risk of injury ( see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315; Elardo v. Town of Oyster Bay, 176 A.D.2d 912, 914, citing Kush v. City of Buffalo, 59 N.Y.2d 26, 33; Sands v. Bonnie View, 230 A.D.2d 902).

Mangano, P. J., Sullivan, Florio and McGinity, JJ., concur.