McGrath v. Transitional Services of New York for Long Island, Inc.McGrath v. Transitional Services of New York for Long Island, Inc.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent J. Kokolakis Contracting, Inc.
Contrary to the plaintiffs’ contention, the Supreme Court properly granted that branch of the cross motion of the defendant J. Kokolakis Contracting, Inc. (hereinafter Kokolakis) which was for summary judgment dismissing the complaint insofar as asserted against it. Kokolakis established its prima facie entitlement to judgment as a matter of law through the affidavit and report of a medical expert attesting that the injured plaintiffs’ alleged exposure to construction dust and debris did not cause their medical conditions and symptoms. In opposition, the plaintiffs failed to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). The plaintiffs proffered the affirmation of a physician for the injured plaintiffs, who merely offered unsubstantiated and speculative opinions that their medical conditions and symptoms were caused by exposure to construction dust and debris. Such conclusory assertions were insufficient to raise a triable issue of fact as to whether Kokolakis caused the alleged injuries of the
The plaintiffs’ remaining contentions are without merit.
Skelos, J.P., Santucci, Balkin and Leventhal, JJ., concur.