Opinion
December 16, 1998
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the order is affirmed, with costs.
In this slip-and-fall case, the Supreme Court properly granted summary judgment to the defendant, which presented evidence that it had neither actual nor constructive notice of the condition which allegedly caused the injured plaintiff to fall ( see, Bernard v. Waldbaum, Inc., 232 A.D.2d 596). It is not claimed that the defendant caused the condition. The injured plaintiff's deposition testimony as to comments made by a store clerk shortly after the accident is insufficient to raise a triable issue of fact as to whether the defendant had notice of the hazardous condition ( see, Williams v. Waldbaums Supermarkets, 236 A.D.2d 605).
We have considered the plaintiffs' remaining contentions and find them to be without merit.
Rosenblatt, J. P., Santucci, Friedmann and McGinity, JJ., concur.