Ellis v. New York Racing Association

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated January 17, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence in a slip and fall action, a plaintiff must demonstrate that the defendant created the dangerous condition, or had actual or constructive notice thereof (see Gordon v American Museum of Natural History, 67 NY2d 836; Schafran v Ocean Surf Apt. Corp., 293…