Appeal by defendant from a judgment of the City Court of Poughkeepsie, Dutchess County (R. McGaw, J.), entered August 14, 2003, after a non-jury trial, in favor of plaintiffs in the principal sum of $15,000.

Judgment unanimously reversed without costs and judgment directed to be entered in favor of defendant dismissing the complaint.

The infant plaintiff's pants leg became caught on a protruding piece of metal in the bicycle aisle of defendant's store, causing her to fall and break a finger. The plaintiffs failed to make any showing that the defendant either created the condition which caused the accident, or had actual or constructive notice of it. To constitute constructive notice, a defect must be visible and apparent, and must exist for a sufficient length of time prior to the accident to permit the defendant to discover and remedy it (Gordon v American Museum of Natural History, 67 NY2d 836 [1986]; Russo v Eveco Dev. Corp., 256 AD2d 566 [1998]). The lower court found that there was no showing of any negligence on the part of defendant in building the platform from which the metal piece protruded and that the piece which became loose did so when a customer pulled on the display carpeting. Upon the record presented, plaintiff failed to establish that the [*2]condition existed for a sufficient period of time so as to warrant a finding of liability on defendant's part based on a theory of constructive notice. Consequently, judgment should be entered in favor of defendant dismissing the complaint.
Decision Date: March 23, 2005