Nearchou v. Broadway Mall Properties, Inc.

—In an action to recover damages for personal injuries, etc., the defen*469dant appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), dated February 16, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

To establish a prima facie case of negligence in a “slip-and-fall” action, a plaintiff must demonstrate that the defendant either created the condition that caused the accident or had actual or constructive notice thereof (see, Eddy v Tops…