Raymond Mercer et al.,  Appellants,  v. City of New York,  Respondent.

    88 N.Y.2d 955, 670 N.E.2d 443, 647 N.Y.S.2d 159 (1996).
    July 9, 1996

   2         No.   218      SSM 16  (1996 NY Int. 164)
   Decided July 9, 1996
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   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.
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   Submitted by Alan Jay Binger, for appellants.
   Submitted by Deborah R. Douglas, for respondent.

   MEMORANDUM:

        The order of the Appellate Division should be affirmed,
   withcosts.
        The evidence presented at trial, considered in the light most
   favorable to plaintiffs, fails to establish a prima facie case of
   negligence.  Nothing in the record suggests that defendant either
   affirmatively created the particular pool of grease or oil alleged to
   have caused plaintiff's fall, or had actual or constructive notice of
   the condition and a reasonable time to correct or warn about its
   existence (Lewis v Metropolitan Transp. Auth., 99 AD2d 246, 249, affd
   for reasons stated below 64 NY2d 670).  Thus, the Appellate Division
   properly reversed the judgment in plaintiffs' favor and dismissed the
   complaint.

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   On review of submissions pursuant to section 500.4 of the Rules,
   order affirmed, with costs, in a memorandum.  Chief Judge Kaye and
   Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

   Decided July 9, 1996