STANIEWICZ v. STOP SHOP SUPER FOOD MKT. CO

ORDERED that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the alleged defective condition which caused the plaintiff to fall, nor had actual or constructive notice of it ( see Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967; Richardson v. Campanelli, 297 A.D.2d 794; Kershner v. Pathmark Stores, 280 A.D.2d 583; Patrick v. Cho's Fruit Vegetables, 248 A.D.2d 692; Katsoris v. Waldbaum, Inc., 241 A.D.2d 511; Kraemer v. K-Mart Corp., 226 A.D.2d 590). In opposition to the defendant's motion, the plaintiff failed to come forward with evidence sufficient to raise a triable issue of fact ( see Piacquadio v. Recine Realty Corp., supra; Richardson v. Campanelli, supra; Kershner v. Pathmark Stores, supra; Patrick v. Cho's Fruit Vegetables, supra; Katsoris v. Waldbaum, Inc., supra; Kreamer v. K-Mart Corp., supra).

The statement of the alleged eyewitness submitted by the plaintiff was not in admissible form and, in any event, was insufficient to raise an issue of fact to defeat the defendant's motion for summary judgment ( see CPLR 3212[b]).

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