Opinion
2002-08226
Submitted September 18, 2003
October 20, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Whelan, J.), entered August 5, 2002, as granted the motion of the defendant Great Atlantic Pacific Tea Company, Inc., for summary judgment dismissing the complaint insofar as asserted against it.
Sweetbaum Sweetbaum, Lake Success, N.Y. (Marshall D. Sweetbaum of counsel), for appellant.
Sobel Kelly, P.C., Huntington, N.Y. (David M. Goldman of counsel), for respondent.
MYRIAM J. ALTMAN, J.P. GLORIA GOLDSTEIN THOMAS A. ADAMS WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff was injured when she was struck by a six-pack of beer which fell from a shelf in a supermarket operated by the defendant Great Atlantic Pacific Tea Company, Inc. (hereinafter A P), as she attempted to remove another six-pack from the shelf. She subsequently commenced this action against, among others, A P, contending that the six-packs of beer were improperly stacked on a high shelf.
The Supreme Court properly granted A P's motion for summary judgment dismissing the complaint insofar as asserted against it. Contrary to the plaintiff's contention, A P established its entitlement to judgment as a matter of law. In opposition to the motion, the plaintiff failed to raise a triable issue of fact. There is no evidence that a dangerous condition existed ( see Crawford v. Pick Quick Foods, 300 A.D.2d 431, 432; Hofmann v. Toys "R" Us — N.Y. Ltd. Partnership, 272 A.D.2d 296). Even if such a condition existed, there is no evidence that A P created or had actual or constructive notice of such condition ( see Ruggiero v. Waldbaums Supermarkets, 242 A.D.2d 268).
ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.