Opinion
February 1, 1999
Appeal from the Supreme Court, Nassau County (Driscoll, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiffs commenced the instant action to recover damages for injuries allegedly sustained by the injured plaintiff when she slipped and fell on a grease and/or oil spot in the service area of the defendant's auto dealership. In support of its motion for summary judgment dismissing the complaint, the defendant established a prima facie case that it neither created nor had actual or constructive notice of the allegedly dangerous condition which caused the injured plaintiff to slip and fall ( see, Goldman v. Waldbaum, Inc., 248 A.D.2d 436; Dwoskin v. Burger King Corp., 249 A.D.2d 358; see also, Mercer v. City of New York, 223 A.D.2d 688, affd 88 N.Y.2d 955). The plaintiffs' evidence submitted in opposition failed to raise a triable issue of fact sufficient to defeat the defendant's motion ( see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Dwoskin v. Burger King Corp., supra).
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.