Opinion
2003-07078.
Decided June 7, 2004.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dye, J.), dated May 22, 2003, which denied its motion for summary judgment dismissing the complaint.
Kiley, Kiley Kiley, Great Neck, N.Y. (James D. Kiley of counsel), for appellant.
Before: SONDRA MILLER, J.P., THOMAS A. ADAMS, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff allegedly slipped and fell on a water-like substance on the exterior step of a building owned by the defendant. The defendant established its entitlement to judgment as a matter of law by demonstrating that it did not create or have actual or constructive notice of the alleged hazardous condition which caused the plaintiff to fall ( see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Gonforone v. Southland Corp., 300 A.D.2d 443; Dixon v. Lichtman, 295 A.D.2d 308; Bradish v. Tank Tech Corp., 216 A.D.2d 505; Pirillo v. Longwood Assocs., 179 A.D.2d 744). In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact ( see generally Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.