Opinion
1312
July 11, 2002.
Order, Supreme Court, New York County (Louis York, J.), entered on or about June 6, 2001, which, in an action for personal injuries sustained when plaintiff slipped and fell at her place of business, granted defendant cleaning contractor's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
PETER R. DEFILIPPI, for plaintiffs-appellants.
MICHAEL K. DVORKIN, for defendants-respondents.
Tom, J.P., Andrias, Saxe, Ellerin, Wallach, JJ.
The motion was properly granted in the absence of any evidence that defendant either created or had actual or constructive notice of the wet spot which allegedly caused plaintiffs' harm (see, Segretti v. Shorenstein Co., 256 A.D.2d 234; DiBenedetto v. Port Auth., 293 A.D.2d 399, 2002 N.Y. A.D. LEXIS 4078).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.