Opinion
May 1, 1995
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is granted, and the complaint is dismissed.
The plaintiff Patricia Cipolla allegedly was injured when she slipped and fell in a puddle of water in the defendant's store. We find that, as a matter of law, the plaintiffs failed to establish that the defendant had constructive notice of the puddle. The evidence was too speculative to establish that the puddle was in existence for a sufficient length of time prior to the accident to permit the defendant's employees to discover and remedy it (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Davis v Supermarkets Gen. Corp., 205 A.D.2d 730; Kanarskee v Pergament Distribs., 201 A.D.2d 704). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.