Miller v. Coye

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint. Defendants established, through the affidavit of an expert, their entitlement to judgment as a matter of law, and plaintiff failed to come forward with evidentiary facts establishing a triable issue of fact (see, Zuckerman v City of New York, 49 NY2d 557, 562). The affidavit submitted by plaintiff’s expert does not satisfy that burden. Plaintiffs expert opined that the “railing” in the interior screened porch from which plaintiffs infant…