DeLeon v. Bluth

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated October 9, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing that he neither created nor had actual or constructive notice of the alleged condition which caused the plaintiff to slip and fall, and thus established his entitlement to judgment as a matter of law (see Papazian v New York City Tr. Auth., 293 AD2d 658 [2002]; *772San…