Opinion
2003-07993.
Decided April 26, 2004.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), entered August 5, 2003, which denied its motion for summary judgment dismissing the complaint.
Edward Angel, LLP (McAndrew, Conboy Prisco, Woodbury, N.Y. [Robert M. Ortiz] of counsel), for appellant.
Robert K. Young, Bellmore, N.Y. (Jennifer A. Choinski of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured when she slipped and fell on advertising flyers on the floor of a store owned by the defendant. She commenced this action to recover damages for personal injuries. The defendant moved for summary judgment dismissing the complaint. However, in support of its motion, the defendant failed to make a prima facie showing that it neither created the allegedly dangerous and defective condition, nor had actual or constructive notice of such condition and a reasonable time to remedy it ( see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Goldin v. Riker, 273 A.D.2d 197; Beltran v. Metropolitan Life Ins. Co., 259 A.D.2d 456). Accordingly, the motion was properly denied.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.