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MONTALBANO v. EDWARDS SUPER FOOD STORES

6 A.D.3d 587 (2004)

775 N.Y.S.2d 154

ANNETTE MONTALBANO et al., Appellants, v. EDWARDS SUPER FOOD STORES, Respondent.

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

April 19, 2004.

Ordered that the order is affirmed, with costs.

The injured plaintiff allegedly slipped and fell on water and pieces of lettuce in the produce aisle of the defendant's supermarket. The defendant established its entitlement to judgment as a matter of law by demonstrating that it did not create the condition on which the injured plaintiff slipped, nor did it have actual or constructive notice thereof (see Winegrad v New York Univ. Med. Ctr.,

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