Ordered that the order is affirmed, with costs.
The plaintiff Lilly Rockowitz was allegedly injured when she slipped and fell on a rotten peach skin in a subway car.
Viewing the evidence in the light most favorable to the plaintiffs ( see, Negri v. Stop Shop, 65 N.Y.2d 625), we find that they have submitted evidence sufficient to raise an issue of fact as to whether the appellant had constructive notice of the condition which is alleged to have caused the accident and was negligent in failing to eliminate it ( see, Rafael-Sharaf v. Waldbaum's, Inc., 238 A.D.2d 328; Qevani v. 1957 Bronxdale Corp., 232 A.D.2d 284; Huth v. Allied Maintenance Corp., 143 A.D.2d 634).
The appellant's remaining contentions are without merit.
O'Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.