Opinion
2003-02480.
Decided April 5, 2004.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated January 24, 2003, which denied its motion for summary judgment dismissing the complaint.
Jacobowitz, Garfinkel Lesman, New York, N.Y. (Fiedelman McGaw [Ross P. Masler] of counsel), for appellant.
Rappaport, Glass, Greene Levine, LLP, Melville, N.Y. (Brian R. Gunn and James L. Forde of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff allegedly slipped and fell on an oily substance on the staircase of the defendant's building. Contrary to the plaintiff's contention, the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not create the condition or have actual or constructive notice of the alleged defect which caused the plaintiff to fall ( see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Meyerson v. Waldbaum, Inc., 265 A.D.2d 535; Rotunno v. Pathmark, 220 A.D.2d 570). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact ( see Myers v. Waldbaum's, Inc., 303 A.D.2d 389; Gonforone v. Southland Corp., 300 A.D.2d 443; Meyer v. Pathmark Stores, 290 A.D.2d 423; Cuddy v. Waldbaum, Inc., 230 A.D.2d 703; Pirillo v. Longwood Assocs., 179 A.D.2d 744).
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.