Majority
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (Marx, J.), dated January 7, 2013, as granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff commenced this action to recover damages for personal injuries allegedly sustained when she slipped on dirt and rocks in an unpaved area of a park in which she was walking. In the order appealed from, the defendant’s motion for summary judgment dismissing the complaint was granted.
The defendant established its prima facie entitlement to judgment as a matter of law dismissing the complaint by demonstrating that the condition upon which the plaintiff slipped
Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint.
The parties’ remaining contentions have been rendered academic in light of our determination.
Skelos, J.P., Balkin, Sgroi and LaSalle, JJ., concur.
Cases cited
- Demuth v. Best Buy Stores, L.P. 85 AD3d 713 at 714 p. 788
- Badalbaeva v. City of New York 55 AD3d 764 p. 788
- Progressive Northeastern Insurance v. Town of Oyster Bay 40 AD3d 612 p. 788
- Mazzola v. Mazzola 16 AD3d 629 p. 788