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MICHAEL SCHEER, appellant, v. PATHMARK STORES, INC., respondent.

DECISION ORDER

ORDERED that the order and judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the defendant made a prima facie showing of entitlement to summary judgment by demonstrating that none of its supermarket employees had any knowledge or reason to know of the grease spot on which the plaintiff slipped, or did anything to create the condition ( see Meyer v. Pathmark Stores, 290 A.D.2d 423). In opposition to the defendant's motion, the plaintiff failed to raise a triable issue of fact as to whether the defendant created or had actual or constructive notice of the hazardous condition ( see Sanchez v. Delgado Travel Agency, 279 A.D.2d 623; Becker v. Waldbaum, Inc., 221 A.D.2d 396; Kaufman v. Man-Dell Food Stores, 203 A.D.2d 532).

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.

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SCHEER v. PATHMARK STORES, INC
(Apr 12, 2004)