Opinion
December 22, 1995
Appeal from the Supreme Court, Erie County, Whelan, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: In this slip-and-fall case, Supreme Court properly granted summary judgment to defendant American Equity Advisors, Inc., also known as Marine Buffalo Associates (Marine). There is no evidence that Marine had either active or constructive notice of the allegedly dangerous condition causing plaintiff's injury or that it had created that dangerous condition (see, Eddy v Tops Friendly Mkts., 91 A.D.2d 1203, affd 59 N.Y.2d 692). The court also properly denied the motions for summary judgment of defendants Held's Janitorial Services, Inc. and M T Rug Cleaners, Inc. Those defendants failed to establish that they did not create the allegedly dangerous condition (see, Ciesinski v Town of Aurora, 202 A.D.2d 984, 984-985).