Straus v. Turnpike Bagels

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Satterfield, J.), dated June 9, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly tripped and fell on a yellow plastic band on the ground outside the defendant’s store. After the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it neither created the condition which caused the accident, nor had actual or…