Ordered that the order is affirmed, with costs.
The plaintiff allegedly sustained personal injuries when he slipped and fell in the defendant's building due to construction debris in a hallway. In order to prove a prima facie case of negligence, the plaintiff was required to show that the defendant created the condition which caused the accident or that it had actual or constructive notice thereof ( see, Dwoskin v. Burger King Corp., 249 A.D.2d 358; Bradish v. Tank Tech Corp., 216 A.D.2d 505, 506; Gaeta v. City of New York, 213 A.D.2d 509). If the defendant moves for summary judgment dismissing the complaint based upon lack of notice, the defendant is required to make a prima facie showing affirmatively establishing the absence of notice as a matter of law ( see, Dwoskin v. Burger King Corp., supra; Gordon v. Waldbaum, Inc., 231 A.D.2d 673; Colt v. Great Atl. Pac. Tea Co., 209 A.D.2d 294; Padula v. Big V Supermarkets, 173 A.D.2d 1094). The defendant has failed to do so here ( see, Di Ponzio v. Riordan, 89 N.Y.2d 578).
Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.