Opinion
February 23, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The plaintiff Robert Caires was allegedly injured when he tripped and fell on an air hose lying on the sidewalk. The air hose led to an air pump owned by the defendant Service Station Vending Equipment. The air pump was attached to the side of a 7-Eleven store owned/operated by the defendants Southland Corporation and Muhammad Usmmani. The Supreme Court properly granted the defendants' motions for summary judgment dismissing the complaint.
The plaintiffs failed to establish that the defendants created the alleged dangerous condition or had actual notice of it ( see, Digiannantonio v. Richmond Hill Sav. Bank, 212 A.D.2d 501; see also, Mercer v. City of New York, 223 A.D.2d 688, affd 88 N.Y.2d 955). The plaintiffs also failed to present sufficient evidence to show that the defendants had constructive notice of the condition. ( see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967; Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Bernard v. Waldbaum, Inc., 232 A.D.2d 596; Priester v. Madison Sq. Garden Corp., 230 A.D.2d 838; cf., Williams v. Southland Corp., 204 A.D.2d 717). Further, the plaintiffs' contention that the defendants should be charged with constructive notice because of a recurring condition is not supported by the record ( see, Bernard v. Waldbaum, Inc., supra; cf., Weisenthal v. Pickman, 153 A.D.2d 849).
Thompson, J. P., Joy, Florio and Luciano, JJ., concur.