Opinion
414
March 15, 2002.
Appeal from an order of Supreme Court, Livingston County (Cicoria, J.), entered April 9, 2001, which denied defendant's motion for summary judgment.
Ward Norris Heller Reidy, LLP, Rochester (Daniel P. Purcell of counsel), for defendant-appellant.
Jones, Skivington Kelley, ESQS., Geneseo (Peter K. Skivington of counsel), for plaintiff-respondent.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Plaintiff commenced this negligence action seeking damages for injuries that she sustained when she slipped and fell in the lobby of defendant medical center. Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint. Defendant failed to meet its initial burden of establishing as a matter of law that it did not create the allegedly dangerous condition and lacked actual or constructive notice of its existence ( see, Atkinson v. Golub Corp. Co., 278 A.D.2d 905, 905-906; Steenwerth v. United Ref. Co. of Pa., 273 A.D.2d 878; Tenebruso v. Toys "R" Us — NYTEX, 256 A.D.2d 1236, 1237). Because defendant failed to meet its initial burden, we do not address the sufficiency of plaintiff's showing in opposition to the motion ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Frank v. Price Chopper Operating Co., 275 A.D.2d 940, 941; Joyes v. Buffalo Waterfront Rest. Corp., 262 A.D.2d 1019, 1019-1020).