Majority
p. 879[938 NE2d 996, 912 NYS2d 563] Coriey Reynolds et al., Appellants, v Millard J. Knibbs et al., Respondents. Decided October 26, 2010
p. 880
APPEARANCES OF COUNSEL
Cellino & Barnes, P.C., Rochester (Robert L. Voltz of counsel), for appellants.
Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for respondents.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and defendants’ motion for summary judgment denied. Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs (see Gordon v American Museum of Natural History, 67 NY2d 836 , 837 [1986]).
p. 881
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
Cases cited
- Gordon v. American Museum of Natural History 67 NY2d 836 at 837 p. 880