Plaintiff appeals from an order of the Civil Court, Bronx County (Raul Cruz, J.), entered July 19, 2004, which granted defendants' cross motions for summary judgment dismissing the complaint.

PER CURIAM:

Order, (Raul Cruz, J.), entered July 19, 2004, affirmed, with $10 costs.

Plaintiff was removing a six-pack of beer from a stacked display in the supermarket when the bottom of the cardboard container allegedly "broke open," causing two bottles to fall on his foot. Contrary to plaintiff's contention, there is no basis for inferring that defendants had created the condition or otherwise had actual or constructive notice of the alleged hazard (Rosado v Home Depot, 4 AD3d 204 [2004]; Marusevich v Great Atl. & Pac. Tea Co., 309 AD2d 839 [2003]).

The doctrine of res ipsa loquitur was not applicable here. When the accident occurred, the display was on an open sales floor to which many shoppers had access over a period of several hours, and there was thus no basis for concluding that defendants had exclusive control over the allegedly defective container (see Rivera-Emerling v M. Fortunoff of Westbury Corp., 281 AD2d 215, 217 [2001]; Ruggiero v Waldbaums Supermkts., 242 AD2d 268 [1997]).

This constitutes the decision and order of the Court. [*2]
Decision Date: December 08, 2005