Wright v. Fay's Drugs Inc.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Defendant contends that Supreme Court erred in denying its motion for summary judgment dismissing the complaint in this personal injury action. We agree. Debbie M. Wright (plaintiff) allegedly slipped on a puddle of water and fell in a store owned by defendant. Defendant established by proof in admissible form that it had no actual or constructive notice of the alleged dangerous condition (see, Gordon v American Museum of Natural History, 67 NY2d 836 , 837-838). Plaintiff failed to raise an issue of fact requiring a trial (see, Evans v Wegmans Food & Pharmacy, 226 AD2d 1132 [decided herewith]; Milea v Ames Dept. Store, 219 AD2d 798 ; Anderson v Klein’s Foods, 139 AD2d 904 , affd 73 NY2d 835 , rearg denied 73 NY2d 918 ). (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J.—Summary Judgment.) Present—Green, J. P., Pine, Balio and Boehm, JJ.