SIMMONS v. DE JANIERO STORE (1999)

In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Berke, J.), dated January 5, 1998, which granted the defendant's motion for summary judgment and dismissed the complaint.

ORDERED that the order and judgment is affirmed, with costs.

 It is well settled that in order for a plaintiff to impose liability upon a landowner for injuries caused by a defective condition, the owner must have created the condition which caused the plaintiff's injuries or have actual or constructive notice of that condition (see, Kuchman v. Olympia & York, USA, 238 A.D.2d 381, 381-382, 656 N.Y.S.2d 323;  Mercer v. City of New York, 223 A.D.2d 688, 689, 637 N.Y.S.2d 456, affd.  88 N.Y.2d 955, 647 N.Y.S.2d 159, 670 N.E.2d 443).   Here, the plaintiff failed to demonstrate that the defendant created the condition which caused her injuries or possessed actual or constructive notice of it (see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969, 622 N.Y.S.2d 493, 646 N.E.2d 795;  Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837, 501 N.Y.S.2d 646, 492 N.E.2d 774;  Arcuri v. Vitolo, 196 A.D.2d 519, 520, 601 N.Y.S.2d 173).  Therefore, the Supreme Court properly granted the defendant's motion for summary judgment and dismissed the complaint.

MEMORANDUM BY THE COURT.