Opinion
Submitted May 16, 2001.
June 4, 2001.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), entered September 8, 2000, which granted the defendant's motion for summary judgment dismissing the complaint.
Cohen Warren, P.C., Smithtown, N.Y. (Barry L. Warren of counsel), for appellants.
Brody, O'Connor O'Connor, Northport, N.Y. (Thomas M. O'Connor and Patricia A. O'Connor of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J. WILLIAM D. FRIEDMANN ANITA R. FLORIO HOWARD MILLER SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, with costs.
The defendant met its initial burden of showing, as a matter of law, that it did not have constructive notice of the allegedly wet or damp floor inside its supermarket adjacent to the entranceway (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837-838; Negri v. Stop Shop, 65 N.Y.2d 625, 626). In opposition to the prima facie showing proffered by the defendant in support of its motion for summary judgment, the plaintiffs failed to raise a triable issue of fact as to whether the wet condition was visible and apparent, and whether it existed for a sufficient length of time prior to the accident to permit the defendant's employees to discover and remedy it (see, Gordon v. American Museum of Natural History, supra; Kershner v. Pathmark Stores, A.D.2d [2d Dept., Feb. 20, 2001]; Chemont v. Pathmark Supermarkets, 279 A.D.2d 545; Seneglia v. FPL Foods, 273 A.D.2d 221).
BRACKEN, P.J., FRIEDMANN, FLORIO, H. MILLER and TOWNES, JJ., concur.