Opinion
Submitted January 24, 2001.
April 2, 2001.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (LaTorella, J.), dated April 4, 2000, which denied its motion for summary judgment dismissing the complaint.
Patrick L. MacDonnell, Garden City, N.Y. (Klein, DiSomma McGlynn [Martin M. McGlynn] of counsel), for appellant.
P. Zarkadas, P.C., Centerreach, N.Y. (Evie Zarkadas of counsel), for respondents.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact that the defendant created or had actual or constructive notice of the alleged dangerous condition which caused him to slip and fall (see, Mercer v. City of New York, 88 N.Y.2d 955; Cellini v. Waldbaums, Inc., 262 A.D.2d 345; Moorman v. Huntington Hosp., 262 A.D.2d 290). Thus, the defendant was entitled to summary judgment dismissing the complaint.