FIEBIGER, HENRY v. JAY-K LUMBER, INC.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered February 8, 2010 in a personal injury action. The order dismissed the complaint after a nonjury trial on the issue of liability.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order dismissing the complaint following a bench trial on the issue of liability. We affirm. “To establish a prima facie case of negligence in a slip- and-fall case, a plaintiff must show that the defendant either created the condition [that] caused…