Opinion
Submitted February 21, 2001.
March 12, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated June 9, 2000, which granted the defendant's motion for summary judgment dismissing the complaint.
Marcel Weisman (Pollack, Pollack, Isaac DeCicco, New York, N Y [Brian J. Isaac and Kerry Klein] of counsel), for appellant.
Greenfield Reilly, Jericho, N.Y. (Charles T. Ruhl of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly tripped and fell on a yellow plastic band on the ground outside the defendant's store. After the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the condition which caused the accident, nor had actual or constructive notice thereof (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Russo v. Eveco Dev. Corp., 256 A.D.2d 566), the plaintiff failed to raise a triable issue of fact (see, Moorman v. Huntington Hosp., 26 2 A.D.2d 290; Ginsberg v. Waldbaum, Inc., 228 A.D.2d 410; Morales v. Foodways, Inc., 186 A.D.2d 407). Therefore, the Supreme Court properly granted the defendant's motion for summary judgment.