Opinion
March 30, 1998
Appeal from the Supreme Court, Suffolk County (Seidell, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
As the proponent of a motion for summary judgment, the appellant had the initial burden of establishing that it neither created nor had actual or constructive notice of the allegedly dangerous condition which led to the accident causing the plaintiff's injuries (see, Edwards v. Wal-Mart Stores, 243 A.D.2d 803; Pirrelli v. Long Is. R. R., 226 A.D.2d 166). Upon our review of the record, we find that the appellant failed to meet its initial burden. In any event, we agree with the Supreme Court that the plaintiff's opposition papers raised an issue of fact as to prior notice.
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.