KLEIN V. KING KULLEN GROCERY CO

Ordered that the order is affirmed, with costs.

On a motion for summary judgment to dismiss the complaint based upon lack of notice, the defendant is required to make a prima facie showing establishing the absence of notice as a matter of law ( see, Goldman v. Waldbaum, Inc., 248 A.D.2d 436, 437; Colt v. Great Atl. Pac. Tea Co., 209 A.D.2d 294, 295). In the instant case, the defendant met that burden. The expert affidavit offered in opposition to the motion for summary judgment was based on conclusory findings and was therefore insufficient to defeat it ( see, Solow v. Liebman, 262 A.D.2d 633).