Gaggiano v. Sinicki

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. Defendant established that she neither created nor had actual or constructive notice of a dangerous condition existing on the floor where plaintiff fell, and plaintiff failed to raise an issue of fact (see, Wright v Fay’s Drugs, 226 AD2d 1132; Milea v Ames Dept. Store, 219 AD2d 798). Additionally, plaintiff concedes that she was aware of the presence of the automobile tire in defendant’s kitchen. Because the tire was readily observable,…