Gok v. STAR ENTERPRISE, INC.

• Decision Date: 14 June 1999
• Citation: 262 A.D.2d 451,692 N.Y.S.2d 123
• Court: New York Supreme Court — Appellate Division
• Parties: ADNAN GOK, Appellant,<BR>v.<BR>STAR ENTERPRISE, INC., et al., Respondents, et al., Defendants.

262 A.D.2d 451

692 N.Y.S.2d 123

ADNAN GOK, Appellant,

v.STAR ENTERPRISE, INC., et al., Respondents, et al., Defendants.

Decided June 14, 1999.

Thompson, J. P., Sullivan, Altman and Florio, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was allegedly injured while filling a tanker truck with gasoline at a loading terminal owned and operated by the respondent Star Enterprise, Inc., and managed by the respondent Gene Bernhard. The respondents established their entitlement to summary judgment as a matter of law by demonstrating that there was no evidence of any defective condition at the terminal, nor was there any evidence that they had actual or constructive notice of any defective condition. The plaintiff's conclusory and unsubstantiated allegations were insufficient to raise a triable issue of fact (see, Zuckerman v City of New York, 49 NY2d 557). Consequently, the Supreme Court properly granted summary judgment dismissing the complaint insofar as asserted against the respondents.