Opinion
April 19, 1996
Appeal from the Supreme Court, Onondaga County, Hayes, J.
Present — Green, J.P., Pine, Lawton, Balio and Boehm, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant's motion for summary judgment dismissing the complaint. Plaintiff allegedly slipped on Murphy's Oil Soap and fell in a store owned by defendant. Defendant established by proof in admissible form that it had no actual or constructive notice of the alleged dangerous condition, thereby shifting the burden to plaintiff to raise a triable issue of fact ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 560). Plaintiff failed to meet that burden ( see, Wright v. Fay's Drugs, 226 A.D.2d 1132 [decided herewith]; Milea v. Ames Dept. Store, 219 A.D.2d 798; Anderson v. Klein's Foods, 139 A.D.2d 904, affd 73 N.Y.2d 835, rearg denied 73 N.Y.2d 918).