Opinion
Submitted September 6, 2000.
October 10, 2000.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Franco, J.), dated December 20, 1999, which denied its motion for summary judgment dismissing the complaint.
Torino Bernstein, P.C., Mineola, N.Y. (Bruce A. Torino of counsel), for appellant.
Sanford L. Pirotin, P.C., Westbury, N.Y. (Michelle A. Mason of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in denying the defendant's motion for summary judgment, as the defendant met its burden of establishing that it neither created the dangerous condition which allegedly caused the accident nor had a reasonable time within which to discover and remedy the condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Strowman v. Great Atl. Pac. Tea Co., 252 A.D.2d 384; Bernard v. Waldbaum, Inc., 232 A.D.2d 596). In addition, the plaintiff failed to adduce sufficient evidence in admissible form that a statement allegedly made by the store manager was made with the authority to speak for the defendant (see, Loschiavo v. Port Auth. of New York and New Jersey, 86 A.D.2d 624, 624-625; Rivest v. Pizza Hut of Am., 264 A.D.2d 388; Williams v. Waldbaums Supermarkets, 236 A.D.2d 605; Masotti v. Waldbaums Supermarket, 227 A.D.2d 532). Accordingly, the defendants' motion for summary judgment should have been granted.