THATCHER v. WALDBAUMS, INC

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact as to whether the defendant created, or had actual or constructive notice of, the condition which caused the plaintiff's fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836; Bashaw v Rite-Aid of N.Y., 207 A.D.2d 632; Kane v Human Servs. Ctr., 186 A.D.2d 539; Benware v Big V Supermarkets, 177 A.D.2d 846). Mangano, P.J., Miller, Santucci and Hart, JJ., concur.