Opinion
May 4, 1998
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is affirmed, with costs.
In order to establish a prima facie case of negligence in a slip and fall case, a plaintiff must demonstrate that the defendant created the condition which caused the accident or had actual or constructive notice of it (see, Hollinger v. Chestnut Ridge Racquet Corp., 227 A.D.2d 380; Kraemer v. K-Mart Corp., 226 A.D.2d 590). After the defendant made out a prima facie case for summary judgment, the plaintiff's submissions in opposition to the motion were inadequate to raise a triable issue of fact in this regard (see, Sapinkopf v. Marriott Host, 224 A.D.2d 512; Calabrese v. B.P.O. Elks Lodge # 744, 215 A.D.2d 345; Pizzi v. Bradlee's Div., 172 A.D.2d 504). The plaintiff's contention that she should have been permitted to conduct further discovery is without merit (see, Mazzaferro v. Barterama Corp., 218 A.D.2d 643; Jones v. Gameray, 153 A.D.2d 550).
Bracken, J.P., Copertino, Pizzuto and Altman, JJ., concur.