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LEN BEARY, Appellant, v. WATERVIEW NURSING CARE CENTER, Respondent.

Ordered that the order is affirmed, with costs.

In this so-called "slip and fall" case, the defendant made out a prima facie case that it did not create the condition which caused the accident or that it did not have actual or constructive notice of that condition ( see, Kane v. Human Serv. Ctr., 186 A.D.2d 539). In his opposition to the defendant's motion for summary judgment the plaintiff has failed to rebut this showing. Moreover, since there was only hope and speculation as to what additional discovery would uncover, the court properly granted the defendant's motion for summary judgment ( see, Mazzaferro v. Barterama Corp., 218 A.D.2d 643).

Copertino, J.P., Thompson, Friedmann and Florio, JJ., concur.

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BEARY v. WATERVIEW NURSING CARE CENTER
(Sep 8, 1997)