Opinion
2001-01728
Submitted November 29, 2001.
December 17, 2001.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Oshrin, J.), dated July 12, 2000, which denied its motion for summary judgment dismissing the complaint.
Sobel Kelly, P.C., Huntington, N.Y. (Curtis Sobel of counsel), for appellant.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff failed to raise a triable issue of fact in opposition to the defendant's prima facie showing that it neither created nor had actual or constructive notice of the oil patch that allegedly caused her to slip and fall (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Lombardo v. Island Grill Diner, 276 A.D.2d 532; Schultz v. New York Racing Assn., 253 A.D.2d 489; Mercer v. City of New York, 223 A.D.2d 688). Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.
O'BRIEN, J.P., SANTUCCI, H. MILLER and COZIER, JJ., concur.