Opinion
February 1, 1999
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is reversed, on the law, with one bill of costs, the motions are granted, and the complaint is dismissed.
As the plaintiff was unloading a package from his van onto a concrete loading dock located at the premises of the defendant We're Associates, Inc., he slipped on the dock's steel edge landing. The plaintiff commenced this action alleging that the loading dock area did not provide safe footing, was not properly maintained, and that the steel edge lacked a non-skid surface.
The Supreme Court erred in denying the separate motions for summary judgment. The plaintiff failed to submit any evidence that the loading dock was structurally unsafe or that a dangerous and defective condition existed upon it ( see, Varrone v. Dinaro, 209 A.D.2d 508; Anilus v. Gail Realties, 206 A.D.2d 446). The plaintiff testified that he did not notice if the metal edge was wet and he did not identify any foreign substance on or around the metal edge.
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.