Abitol v. Schiff

• Decision Date: 16 October 2000
• Citation: 714 N.Y.S.2d 880,276 A.D.2d 571
• Parties: LEVY ABITOL et al., Respondents,<BR>v.<BR>MICHELLE A. SCHIFF, Appellant.
• Court: New York Supreme Court — Appellate Division

276 A.D.2d 571

714 N.Y.S.2d 880

LEVY ABITOL et al., Respondents,

v.MICHELLE A. SCHIFF, Appellant.

Decided October 16, 2000.

Ritter, J.P., H. Miller, Feuerstein and Smith, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the cross motion for summary judgment dismissing the complaint and substituting therefor a provision granting that cross motion; as so modified, the order is affirmed, with costs to the defendant.

The defendant made a prima facie showing that she was entitled to summary judgment as a matter of law. The affidavit submitted by the plaintiffs in opposition to that cross motion was insufficient to establish the existence of a triable issue of fact (see, Bloom v La Femme Fatale, 273 AD2d 187; Martin v W.B. Rest., 269 AD2d 431). Mere speculation that the defendant may have failed to take some unspecified measure to avoid the accident, or in some other way contributed to the occurrence of the accident, without evidentiary support in the record, is insufficient to defeat a motion for summary...