Ordered that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.
The plaintiff Elizabeth Kanarskee was injured when she slipped and fell on a puddle of clear liquid in the appellant's store. A witness testified that he noticed the liquid on the floor about 10 minutes before the fall.
We find that, as a matter of law, the plaintiffs did not prove that the appellant had constructive notice of the defect. The evidence was too speculative to establish that the defect was in existence for a sufficient length of time prior to the accident to permit the appellant's employees to discover and remedy it (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; see also, Anderson v. Klein's Foods, 139 A.D.2d 904, affd 73 N.Y.2d 835; Batiancela v. Staten Is. Mall, 189 A.D.2d 743; Pirillo v. Longwood Assocs., 179 A.D.2d 744). Balletta, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.