Opinion
October 26, 1998
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
There is a triable issue of fact concerning whether the defendant had constructive notice of the existence of a dangerous condition in an aisle of its store ( see, generally, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Bykofsky v. Waldbaum's Supermarkets, 210 A.D.2d 280, 281).
Furthermore, the Supreme Court properly granted that branch of the motion of the third-party defendant, Christopher Dolan, which was for summary judgment dismissing the third-party complaint. Christopher Dolan, the plaintiff's friend and fellow customer, neither owned the premises nor assumed any duty toward the plaintiff.
Bracken, J. P., Copertino, Goldstein and McGinity, JJ., concur.