Opinion
Submitted March 8, 2000.
April 20, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated May 20, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Scibilia, Polacco Aledort, LLP, Hempstead, N.Y. (Patrick Aurilia and Frank A. Polacco of counsel), for appellant.
Rivkin, Radler Kremer, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Jack D. Jordan of counsel), for respondent.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the defendant made a prima facie showing of the absence of either actual or constructive notice of the alleged defect, establishing its entitlement to judgment as a matter of law. The plaintiff, in opposition, failed to raise a triable issue of fact (see, Goldman v. Waldbaum, Inc., 248 A.D.2d 436 ).