Opinion
March 20, 1995
Appeal from the Supreme Court, Kings County (Krausman, J.).
Ordered that the judgment is affirmed, with costs.
In order to establish a prima facie case of negligence, a plaintiff must demonstrate (1) the existence of a duty on the defendant's part as to the plaintiff, (2) a breach of this duty, and (3) an injury to the plaintiff as a result thereof (Akins v Glens Falls City School Dist., 53 N.Y.2d 325, 333). In order to prove a breach of duty in a slip and fall case such as the one at bar, the plaintiffs were required to show that the defendants created the condition which caused the accident or that the defendants had actual or constructive notice of the condition (see, Pirillo v. Longwood Assocs., 179 A.D.2d 744, 745). The plaintiffs made no such showing, and thus the Supreme Court properly dismissed the plaintiffs' case for failure to prove a prima facie case of negligence against the defendants (see, Thomas v. New York City Tr. Auth., 194 A.D.2d 663, 664; see also, Simmons v. Metropolitan Life Ins. Co., 84 N.Y.2d 972; Morales v Foodways, Inc., 186 A.D.2d 407, 408; Smith v. Wisch, 77 A.D.2d 619). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.