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KRISTEN GRAZIANO et al., Appellants, v. J.C. PENNEY CO., INC., et al., Respondents.

Ordered that the judgment is affirmed, without costs or disbursements.

The plaintiff Kristen Graziano was allegedly injured when she fell inside of a store owned by the defendant J.C. Penney Co., Inc. At trial, the plaintiffs presented evidence that the fall was caused by a piece of gum or candy that was stuck on the floor of the store. However, at the end of the plaintiffs' case, the court granted the defendants' motions to dismiss for failure to establish a prima facie case. The court did not err in granting the dismissal because there was no evidence that the defendants had actual or constructive notice of the allegedly dangerous condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Scirica v. Ariola Pastry Shop, 171 A.D.2d 859; cf., Weisenthal v. Pickman, 153 A.D.2d 849).

We have examined the plaintiffs' remaining contentions and find them to be without merit. O'Brien, J.P., Pizzuto, Joy and Krausman, JJ., concur.

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GRAZIANO v. J.C. PENNEY CO., INC
(Jun 20, 1994)