Opinion
Argued June 29, 1999
October 21, 1999
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.).
ORDERED that the order is affirmed, with costs.
In this slip-and-fall action, in order to establish a prima facie case, the plaintiffs were required to present proof that the defendant created, or had actual or constructive notice of, the defective condition which allegedly caused the injured plaintiff to fall (see, Robinson v. Lupo, 261 A.D.2d 525 [2d Dept., May 17, 1999]; Wauters v. Shop Rite, 244 A.D.2d 404; see also, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967). To constitute constructive notice, "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it" (Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837; see also, Wauters v. Shop Rite, supra). As there was no evidence in the instant case from which one could conclude that the defendant had actual or constructive notice of the wet stairs on which the injured plaintiff fell or that the defendant created the condition, the Supreme Court properly granted the defendant's motion for summary judgment (see, Baer v. Great Atl. Pac. Tea Co., 264 A.D.2d 791 [2d Dept., Sept. 27, 1999]; O'Rourke v. Williamson, Picket, Gross, Inc., 260 A.D.2d 260 [1st Dept., Apr. 20, 1999]; Alatief v. New York City Tr. Auth., 256 A.D.2d 3 71; Lottie v. Edwards-Knox Cent. School Dist., 235 A.D.2d 678; Rosario v. New York City Tr. Auth., 215 A.D.2d 364; Stoerzinger v. Big V Supermarkets, 188 A.D.2d 790).
JOY, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.