Opinion
Submitted June 15, 2000.
September 18, 2000.
In an action to recover damages for personal injuries , the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered September 14, 1999, which granted the defendant's motion for summary judgment dismissing the complaint .
Lawyers Legal Service Plan, P.C., White Plains, N.Y. (Solomon Abrahams of counsel), for appellant.
Rodman and Campbell, P.C., Bronx, N.Y. (Mauverine D. Butler of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The evidence submitted by the defendant in support of its motion established a prima facie case that it did not create the alleged hazardous condition, and had neither actual nor constructive notice of it (see, CPLR 3212 [b]; Richman v. John, ___ A.D.2d ___ [2d Dept., May 22, 20 00]). The burden then shifted to the plaintiff to come forward with evidence sufficient to raise a triable issue of fact (see, Cellini v. Waldbaum, Inc., 262 A.D.2d 345). In opposition, the plaintiff offered only speculation as to what substance, if any, caused her to slip and fall. Additionally, the plaintiff submitted no proof that the alleged substance was present for a sufficient length of time prior to the accident to permit the defendant's employees to discover and remedy the hazardous condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Cuddy v. Waldbaum, Inc., 230 A.D.2d 703).