Appeal from a judgment of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered November 20, 2012. The judgment, after a nonjury trial, dismissed the action.

ORDERED that the judgment is affirmed, without costs.

Plaintiff commenced this small claims action to recover for personal injuries allegedly sustained as a result of a slip and fall on defendant's premises. After a nonjury trial, the Civil Court dismissed the action, finding that plaintiff had failed to establish a prima facie case. We affirm.

In order to establish "a prima facie case of negligence in a so-called slip and fall' case, a plaintiff must demonstrate that the defendant either created the condition which caused plaintiff's fall, or had actual or constructive notice of it" (Graubart v Laro Maintenance, 244 AD2d 457, 458 [1997] see Gordon v American Museum of Natural History, 67 NY2d 836 [1986]). Here, plaintiff failed to present evidence that defendant either created the condition or had actual or constructive notice of the condition.

As no prima facie case of negligence was established by plaintiff, we find that the judgment dismissing the action provided the parties with substantial justice according to the rules and principles of substantive law (see CCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000] Williams v Roper, 269 AD2d 125, 126 [2000]).

Accordingly, the judgment is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: February 28, 2014