Lottie Nugent, Plaintiff–Respondent, v. 1235 (2011)

Supreme Court, Appellate Division, First Department, New York.

Lottie Nugent, Plaintiff–Respondent, v. 1235 Concourse Tenants Corporation, et al., Defendants–Appellants.

4824

Decided: April 19, 2011

Tom, J.P., Mazzarelli, Acosta, Renwick, Freedman, JJ.

Fiedelman & McGaw, Jericho (James K. O'Sullivan of counsel), for appellants. Michelle S. Russo, Pt. Washington, for respondent.

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 19, 2010, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to establish prima facie that they neither created nor had actual or constructive notice of the alleged hazardous condition (see Giuffrida v. Metro N. Commuter R.R. Co., 279 A.D.2d 403, 404 [2001] ). While the superintendent asserted that he inspected the premises periodically, he failed to provide a time for the last inspection preceding plaintiff's fall (see Porco v. Marshalls Dept. Stores, 30 AD3d 284 [2006] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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