Opinion
June 13, 1994
Appeal from the Supreme Court, Orange County (Peter Patsalos, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiff failed to make a prima facie case that the defendant created the condition which caused the accident or that it had actual or constructive notice of that condition (see, Lewis v. Metropolitan Transp. Auth., 64 N.Y.2d 670, affg 99 A.D.2d 246; Payne v. Big V Supermarkets, 140 A.D.2d 422). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.