Opinion
Argued September 25, 2000
October 23, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Weiss, J.), dated October 22, 1999, which granted the defendant's motion for summary judgment dismissing the complaint, and denied their cross motion for summary judgment.
Michael A. Cervini, Jackson Heights, N.Y. (Robin Mary Heaney of counsel), for appellants .
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N Y (Christine Malafi of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant made a prima facie showing of its entitlement to judgment as a matter of law by presenting proof that it did not create, or have actual or constructive notice of, the defective condition which allegedly caused the plaintiff Carlos Albiero to fall (see, Faricelli v. TSS Seedman's, 94 N.Y.2d 772; Kennedy v. Wegmans Food Mkts., 90 N.Y.2d 923; Safarian v. Blavatnik, 273 A.D.2d 217 [2d Dept., June 5, 2000]).
Since the plaintiffs failed to proffer any admissible evidence that the defendant created or had actual or constructive notice of the dangerous condition, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint and denied their cross motion (see, Pinto v. Little Fish Corp., 273 A.D.2d 221 [1st Dept., June 8, 2000]; Safarian v. Blavatnik, supra; Seneglia v. FPL Foods, 273 A.D.2d 221 [2d Dept., June 5, 2000]; Capra v. Waldbaum's Inc., 272 A.D.2d 497; Smith v. May Dept. Store, Co., 270 A.D.2d 870; Birthwright v. Mid-City Security, Inc., 268 A.D.2d 401).