Opinion
Argued December 6, 1999
January 27, 2000
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Lonschein, J.), dated November 9, 1998, as granted that branch of the motion of the defendants Lefrak Organization, Inc., Samuel J. Lefrak, individually, Richard Lefrak, individually, Samuel Lefrak and Ethel Lefrak, as Trustees f/b/o Denise Lefrak Bandier — 7.5%, Samuel J. Lefrak and Ethel Lefrak, as Trustees f/b/o Jacqueline Sarah Lefrak, and Samuel J. Lefrak and Ethel Lefrak, as Trustees f/b/o Francine Lefrak, d/b/a Federal Leasing Company, which was for summary judgment dismissing the complaint insofar as asserted against them.
Sol Mermelstein, Brooklyn, N.Y. (Sanford Hausler of counsel), for appellants.
Bivona Cohen, New York, N.Y. (Roderick J. Coyne of counsel), for respondents.
FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
There is no evidence that the respondents created the puddle of water on which the plaintiff Adrienne Birthwright allegedly slipped or that they had actual or constructive notice of it. Therefore, the Supreme Court properly granted that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them ( see, Birthwright v. Mid-City Security, Inc., Appellate Division Docket No. 1998-03311 [decided herewith]).
SANTUCCI, J.P., S. MILLER, LUCIANO, and FEUERSTEIN, JJ., concur.