Opinion
Argued October 25, 2001.
November 13, 2001.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Price, J.), dated July 7, 2000, which denied its motion for summary judgment dismissing the complaint.
Sobel Kelly, P.C., Huntington, N.Y. (Marie I. Goutzounis and Linda Garger of counsel), for appellant.
Edward H. Suh Associates, P.C., Flushing, N.Y. (Peter B. Croly and Anthony Mahoney of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, NANCY E. SMITH, STEPHEN G. CRANE, JJ.
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant satisfied its burden on the motion for summary judgment dismissing the complaint by establishing that it neither created the allegedly dangerous condition nor had actual or constructive notice of it (see, Bachrach v. Waldbaum, 261 A.D.2d 426; Goldman v. Waldbaum, 248 A.D.2d 436; Golding v. Powell Dempsey, 247 A.D.2d 510). In opposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant created the condition or had actual notice of it, or whether the condition was visible and apparent and had existed for a sufficient length of time before the accident to permit the defendant's employees to discover and remedy it (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836). Therefore, the motion should have been granted.
KRAUSMAN, J.P., S. MILLER, SMITH and CRANE, JJ., concur.