Opinion
Submitted September 20, 2000.
October 16, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Meehan, J.), dated November 9, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Gary L. Lipton, Nanuet, N.Y. (Frank G. D'Esposito of counsel), for appellants.
O'Connor, McGuinness, Conte, Doyle Oleson, White Plains, N Y (Montgomery L. Effinger of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant demonstrated its prima facie entitlement to summary judgment as a matter of law based on the absence of actual or constructive notice of the allegedly dangerous condition which caused the injured plaintiff's fall. In opposition to the motion, the plaintiffs failed to raise an issue of fact that the spots of liquid detergent had been on the floor of the defendant's store for a sufficient length of time before the accident to support an inference that the defendant had time to discover and remedy the condition (see, Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972; Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Negri v. Stop Shop, 65 N.Y.2d 625, 626).