Opinion
May 5, 1997
Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.
The plaintiff alleged that she was injured when she slipped and fell on an oily substance on the floor of a supermarket owned by the defendant. There is no evidence that the defendant either created the dangerous condition which caused the accident or had actual or constructive notice of the condition and failed to remedy it within a reasonable time ( see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Negri v Stop Shop, 65 N.Y.2d 625; Bernard v. Waldbaum, Inc., 232 A.D.2d 596). Accordingly, the defendant's motion for summary judgment should have been granted.
Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.