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RESNICK v. WALDBAUMS SUPERMARKET

289 A.D.2d 385 (2001)

735 N.Y.S.2d 399

MIRIAM RESNICK, Respondent, v. WALDBAUMS SUPERMARKET, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 17, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff failed to raise a triable issue of fact in opposition to the defendant's prima facie showing that it neither created nor had actual or constructive notice of the oil patch that allegedly caused her to slip and fall (see, Gordon v American Museum of Natural History, 67 N...

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