Opinion
2001-06449
Argued September 17, 2002.
October 15, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Emerson, J.), entered June 12, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.
Kathryn L. Rivera and Miguel Rivera, Mastic, N.Y., appellants pro se.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, Smithtown, N.Y. (James V. Derenze of counsel), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.
ORDERED that the order is affirmed, with costs.
In opposition to the defendant's prima facie demonstration of entitlement to judgment as a matter of law in this slip-and-fall case, the plaintiffs failed to raise a triable issue of fact as to whether the defendant either created the alleged dangerous condition or had actual or constructive notice of it in time to remedy or warn of the same (see Cantalupo v. Anthony's Water Café, 281 A.D.2d 382; Sarabia v. Hilaire Farm Nursing Home, 250 A.D.2d 586; Bernard v. Waldbaum, Inc., 232 A.D.2d 596; Masotti v. Waldbaums Supermarket, 227 A.D.2d 532). Accordingly, the defendant's motion for summary judgment was properly granted.
The plaintiffs' remaining contentions are without merit.
RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.