Thatcher v. Waldbaums, Inc.

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated September 12, 1994, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact as to whether the defendant created, or had actual or constructive notice of, the condition which caused the plaintiff’s fall. Accordingly, summary judgment was properly granted to the defendant (see, Gordon v American Museum of Natural History,…