Opinion
2002-10400.
Decided March 22, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated September 12, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.
Brand, Brand Burke, New York, N.Y. (Brett J. Nomberg and Thomas Pardo of counsel), for appellant.
Brody, Benard Branch, LLP, New York, N.Y. (Tanya Branch and Mary Ellen O'Brien, New York, N.Y., of counsel), for respondents.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. In support of their motion, the defendants established a prima facie case that they neither created nor had actual or constructive notice of the icy condition which allegedly caused the plaintiff to slip and fall ( see Voss v. DC Parking, 299 A.D.2d 346; Corsaro v. Stop Shop, 287 A.D.2d 678). In opposition to the defendants' motion, the plaintiff failed to raise a triable issue of fact, and, based on the evidence presented, it would be mere speculation to conclude that the defendants had sufficient time to discover and remedy the situation ( see Penny v. Pembrook Mgt., 280 A.D.2d 590; Sellet v. United Artists Theaters, 251 A.D.2d 488, 489; Bertman v. Board of Mgrs. of Omni Ct. Condominium I, 233 A.D.2d 283).
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.