Opinion
February 13, 1990
Appeal from the Supreme Court, Nassau County (Wager, J.).
Ordered that the judgment is affirmed, with one bill of costs.
In this slip-and-fall case, we find that the trial court properly set aside the verdict and dismissed the complaint. The plaintiff did not demonstrate that either of the defendants had actual or constructive notice of the alleged unsafe condition which caused him to fall and suffer injuries (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837-838; see also, Payne v Big V Supermarkets, 140 A.D.2d 422, 423). Moreover, the plaintiff merely speculated as to what caused him to fall. Failure to prove what actually caused him to fall where, as in this case, there could be many causes, was fatal to the plaintiff's cause of action (see, Bernstein v City of New York, 69 N.Y.2d 1020, 1021-1022; Felgenhauer v Atlantic Pac. Tea Co., 94 A.D.2d 737).
We have considered the plaintiff's remaining contentions and find them to be without merit. Thompson, J.P., Lawrence, Kunzeman and Balletta, JJ., concur.