Hooker v. Melton Manor Condominium

reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs failed to raise a question of fact whether defendant had actual or constructive notice of a hazardous condition on the marble steps where plaintiff Robert Hooker fell. "[A] 'general awareness’ that a dangerous condition may be present is legally insufficient to constitute notice of the particular condition that caused plaintiff’s fall” (Piacquadio v Recine Realty Corp., 84 NY2d 967 , 969, quoting Gordon v American Museum of Natural History, 67 NY2d 836 , 838). Thus, Supreme Court erred in denying defendant’s summary judgment motion. (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Fallon, Wesley and Davis, JJ.