Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff failed to demonstrate that the defendant's decedent created the defective condition complained of or had actual notice thereof (see, Cataldo v. Waldbaum, Inc., 244 A.D.2d 446; McLaughlan v. Waldbaums, Inc., 237 A.D.2d 335; Bykofsky v. Waldbaum's Supermarkets, 210 A.D.2d 280, 281; Raimondi v New York Racing Assn., 213 A.D.2d 708; Cheeseman v. Inserra Supermarkets, 174 A.D.2d 956). Nor was there evidence that the defect was visible and apparent and that it existed for a sufficient length of time prior to the accident to permit the decedent to discover and remedy it (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Ruggiero v. Waldbaums Supermarkets, 242 A.D.2d 268; Ferlito v. Great S. Bay Assocs., 140 A.D.2d 408).
The plaintiff's contention that he is entitled to recovery on a theory of res ipsa loquitur is raised for the first time on appeal and is therefore not properly before this Court (see, Lerman v Medical Assocs., 160 A.D.2d 838; Orellano v. Samples Tire Equip. Supply Corp., 110 A.D.2d 757).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.