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ALBIERO v. CHRISTORIA MARKET

276 A.D.2d 653 (2000)

715 N.Y.S.2d 642

CARLOS ALBIERO et al., Appellants, v. CHRISTORIA MARKET, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 23, 2000.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of its entitlement to judgment as a matter of law by presenting proof that it did not create, or have actual or constructive notice of, the defective condition which allegedly caused the plaintiff Carlos Albiero to fall (see, Faricelli v TSS Seedman's, 94 N.Y.2d 772; Kennedy v Wegmans Food Mkts., 90 N.Y.2d 923...

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