Opinion
March 28, 1994
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.
The plaintiff Beatrice Melton alleged that she was injured on the premises of the defendant beauty salon when she tripped over the attached, immobile footrest of a chair.
Upon the defendant's motion for summary judgment, the plaintiffs failed to submit evidence that the defendant or its employees turned the beauty salon chair in such a manner as to cause the footrest to face into the aisle and thereby create a dangerous condition which caused Beatrice Melton to slip and fall (see, Eddy v. Tops Friendly Mkts., 59 N.Y.2d 692, 694; Payne v Big V Supermarkets, 140 A.D.2d 422, 423; Freeman v. Rock-Hil-Uris, Inc., 30 N.Y.2d 742, 743; Earle v. Channel Home Ctr., 158 A.D.2d 507, 508).
Moreover, in support of its motion for summary judgment, the defendant submitted evidence that there were no prior accidents or complaints regarding the footrests on the chairs, and the plaintiff's own deposition testimony demonstrated that the alleged dangerous condition existed for only a matter of minutes or seconds. As a result, there was no evidence of any prior actual or constructive notice of a defective condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837; Lewis v. Metropolitan Transp. Auth., 64 N.Y.2d 670; Brown v. Food Emporium, 199 A.D.2d 136; Snyder v. Golub Corp., 199 A.D.2d 776; Salty v. Altamont Assocs., 198 A.D.2d 591; Johnson v. Grand Union Co., 158 A.D.2d 517, 518; Anderson v. Klein's Foods, 139 A.D.2d 904, 905, affd 73 N.Y.2d 835). As a result, the plaintiffs failed to raise a triable issue of fact and the complaint should have been dismissed (see, Rabat v. GNAC Corp., 180 A.D.2d 540, 541). Balletta, J.P., Ritter, Copertino and Goldstein, JJ., concur.