DIXON v. LICHTMAN

ORDERED that the order is affirmed, without costs or disbursements.

The plaintiff commenced this action to recover damages for personal injuries she sustained when she slipped and fell on a spilled substance, which she believed to be soap, on the floor of the defendant's premises. "It is well settled that in order '[t]o prove a prima facie case of negligence in a slip and fall case, a plaintiff is required to show that the defendant created the condition which caused the accident or that the defendant had actual or constructive notice of the condition'" (Goldman v. Waldbaum, Inc., 248 A.D.2d 436, 437, quoting Bradish v. Tank Tech Corp., 216 A.D.2d 505, 506).

The plaintiff failed to rebut the defendant's prima facie showing, in support of her motion for summary judgment, that she neither created, nor had actual or constructive notice of, the hazardous condition. We reject the plaintiff's contention that her description of the spill as "dry, gluey" and as changing color, raised an issue of fact regarding constructive notice (see Bashaw v. Rite Aid of N.Y., 207 A.D.2d 632; Pirillo v. Longwood Assocs., 179 A.D.2d 744, 745).

RITTER, J.P., SMITH, LUCIANO and CRANE, JJ., concur.