Opinion
Submitted February 18, 2000
March 30, 2000
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), dated February 16, 1999, which denied its motion for summary judgment dismissing the complaint.
Richard J. Baldwin, Hauppauge, N.Y. (Neil L. Coscio of counsel), for appellant.
Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Michael Villeck of counsel), for respondents.
GABRIEL M. KRAUSMAN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, 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.
To establish a prima facie case of negligence in a "slip-and-fall" action, a plaintiff must demonstrate that the defendant either created the condition that caused the accident or had actual or constructive notice thereof (see, Eddy v. Tops Friendly Mkts., 91 A.D.2d 1203, affd 59 N.Y.2d 692 ; Bykofsky v. Waldbaum's Supermarkets, 210 A.D.2d 280 ).
The plaintiffs, relying upon a theory of constructive notice, failed to rebut the defendant's showing that small spots of clear water were not visible and apparent and had not existed for a sufficient length of time before the accident to permit the defendant's employees to discover and remedy the allegedly dangerous condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836 ; Paciello v. May Dept. Stores Co., 263 A.D.2d 533 ; Kane v. Human Servs. Ctr., 186 A.D.2d 539 ; cf.,Batiancela v. Staten Is. Mall, 189 A.D.2d 743 ). Accordingly, the defendant's motion for summary judgment should have been granted.
KRAUSMAN, J.P., H. MILLER, SCHMIDT, and SMITH, JJ., concur.