Opinion
Submitted September 8, 1999
October 18, 1999
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Putnam County (Hickman, J.).
ORDERED that the order is affirmed, with costs.
It is well settled that in order "[t]o prove a prima facie case of negligence in a slip and fall case, a plaintiff is required to show that the defendant created the condition which caused the accident or that the defendant had actual or constructive notice of the condition" (Goldman v. Waldbaum, Inc., 248 A.D.2d 436, 437; Beadish v. Tank Tech Corp., 216 A.D.2d 505, 506). On their motion for summary judgment, the defendants made a prima facie showing affirmatively establishing the absence of notice as a matter of law (see, Goldman v. Waldbaum, Inc., supra), and that they did not create the alleged hazardous condition. The conclusory assertions set forth by the plaintiff in opposition were insufficient to defeat the motion (see, Hartz Mountain Corp. v. Allou Distribs., 173 A.D.2d 440).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.