Evans v. Wegmans Food & Pharmacy, Inc.

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiff allegedly slipped on Murphy’s Oil Soap and fell in a store owned by defendant. Defendant established by proof in admissible form that it had no actual or constructive notice of the alleged dangerous condition, thereby shifting *1133the burden to plaintiff to raise a triable issue of fact (see, Zuckerman v City of New York, 49 NY2d 557, 560). Plaintiff failed to meet that burden (see,…