Opinion
November 13, 1995
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the orders are affirmed, with one bill of costs.
The plaintiff allegedly slipped and fell in a puddle of an unknown substance which was on the floor of a store owned by Waldbaum, Inc. (hereinafter Waldbaum), sustaining injuries as a result. In response to Waldbaum's motion for summary judgment, the plaintiff submitted no evidence regarding how long the substance had been on the floor or how it came to be there. The plaintiff's contentions that the respondent created the condition or had actual or constructive notice of it prior to the accident are based on conjecture and speculation (see, Moss v JNK Capital, 211 A.D.2d 769, affd 85 N.Y.2d 1005; Batiancela v Staten Is. Mall, 189 A.D.2d 743; Huth v Allied Maintenance Corp., 143 A.D.2d 634, 635). The Supreme Court therefore properly granted Waldbaum's motion for summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Balletta, J.P., Miller, O'Brien and Copertino, JJ., concur.