Opinion
July 28, 1997
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is reversed on the law, with costs, the defendants' motion is granted, and the complaint is dismissed.
It is well established that for a plaintiff in a slip and fall case to establish a prima facie case of negligence, the plaintiff must demonstrate that the defendant either created the allegedly dangerous condition or had actual or constructive notice of it (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Kraemer v. K-Mart Corp., 226 A.D.2d 590). In this case, the plaintiff has failed to do either (see, Anderson v. 35 W. 23rd St. Condominium, 240 A.D.2d 446; Lathan v. NCAS Realty Mgt. Corp., 240 A.D.2d 474; Kuchman v. Olympia York, USA, 238 A.D.2d 381; Wolfson v. Nevele Hotel, 222 A.D.2d 881).
Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.