Opinion
2000-10409
Submitted November 29, 2001.
December 17, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered October 2, 2000, which granted the defendants' motion for summary judgment dismissing the complaint.
Calano Calano, LLP, New York, N.Y. (Stephen J. Belessis of counsel), for appellant.
Boeggeman, George, Hodges Corde, P.C., White Plains, N Y (Cynthia K. Messemer of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured when she slipped and fell on a shriveled and slimy lettuce leaf located in a puddle of dirty water. The defendants made a prima facie showing of their entitlement to judgment as a matter of law by demonstrating that they neither created the alleged dangerous condition nor had actual or constructive notice of it (see, Marukos v. Waldbaums, Inc., 267 A.D.2d 434; Koser v. Supermarkets Gen. Corp., 244 A.D.2d 320; Rotunno v. Pathmark, 220 A.D.2d 570). In opposition, the plaintiff failed to raise a triable issue of fact (see, Anderson v. Klein's Foods, 139 A.D.2d 904, affd 73 N.Y.2d 835; Cuddy v. Waldbaum, Inc., 230 A.D.2d 703). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.
O'BRIEN, J.P., SANTUCCI, H. MILLER and COZIER, JJ., concur.