Opinion
June 29, 1998
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.
The plaintiff slipped and fell on a round, colorless puddle in a common area of a shopping mall occupied by the appellant and 11 other lessee stores. The appellant had no duty to maintain the common areas of the shopping mall and, in any event, there is no evidence that it had actual or constructive notice of the dangerous condition ( see, Rosato v. Foodtown, 208 A.D.2d 705; Kraemer v. K-Mart Corp., 226 A.D.2d 590). The plaintiffs contention that the appellant's employees created the dangerous condition by wheeling in wet shopping carts from the outside, where: it had been raining, is pure speculation ( see, Vinicio v. Marriott Corp., 217 A.D.2d 656; Redner v. 37 7th Ave. Tenants Corp., 243 A.D.2d 456). Accordingly, the appellant's motion for summary judgment should have been granted.
Rosenblatt, J.P., O'Brien, Ritter and Krausman, JJ., concur.