Opinion
June 15, 1998
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is affirmed, with costs.
The defendant established its prima facie entitlement to judgment as a matter of law by offering evidence that it neither affirmatively created the alleged defect nor had actual or constructive notice of its existence ( see, Mercer v. City of New York, 223 A.D.2d 688, affd 88 N.Y.2d 955; Gordon v. American Museum of Natural History, 67 N.Y.2d 836). The plaintiff's opposition failed to create a triable issue of fact with respect to these issues ( see, Weber v. Sekapi, Inc., 246 A.D.2d 644; Kraemer v. K-Mart Corp., 226 A.D.2d 590; Cipolla v. Supermarkets Gen. Corp., 215 A.D.2d 346).
O'Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.