Opinion
Submitted October 25, 2000.
November 21, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Golia, J.), dated November 16, 1999, which denied its motion for summary judgment dismissing the complaint.
Wallace D. Gossett and Steve S. Efron, New York, N.Y., for appellant.
Scott Baron Associates, P.C., Howard Beach, N.Y. (Timothy Jones of counsel), for respondents.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In a slip and fall case, the plaintiff must demonstrate that the defendant created the dangerous condition which caused the accident, or that the defendant had actual or constructive notice of that condition and failed to remedy it within a reasonable time (see, Mercer v. City of New York, 88 N.Y.2d 955; Lewis v. Metropolitan Transp. Auth., 64 N.Y.2d 670; Birthwright v. Mid-City Security, Inc., 268 A.D.2d 401; Huber v. East 149th Parking Corp., 266 A.D.2d 43). We agree with the Supreme Court that an issue of fact exists as to whether the defendant had a reasonable time to remedy the condition which caused the injured plaintiff's fall after it received actual notice of the condition.