Schafran v. Ocean Surf Apartment Corp.

—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered January 4, 2001, which, upon the granting of the defendant’s motion to dismiss the complaint pursuant to CPLR 4401, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

To establish a prima facie case of negligence, the plaintiff must demonstrate either that the defendant created the dangerous or defective condition that caused the incident, or that he had actual or constructive notice of the condition (see Gordon v…