Andrini v Navarra
2008 NY Slip Op 02089 [49 AD3d 575]
March 11, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Esnidia Andrini, Respondent,
v
Frank Navarra et al., Appellants.

[*1] Abrams, Gorelick, Friedman & Jacobson, P.C., New York, N.Y. (Bridget Quinn of counsel), for appellants.

Dell & Little, LLP, Uniondale, N.Y. (Jennifer J. Bock of counsel), for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), dated June 5, 2007, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In order to prevail on their motion for summary judgment in this action involving a fall upon an allegedly defective stairway, the defendants were " 'required to establish as a matter of law that they maintained the property in question in a reasonably safe condition and that they neither created the allegedly dangerous condition existing thereon nor had actual or constructive notice thereof' " (see Mokszki v Pratt, 13 AD3d 709, 710 [2004], quoting Richardson v Rotterdam Sq. Mall, 289 AD2d 679, 679 [2001]; Hyman v Queens County Bancorp, 307 AD2d 984, 986 [2003], affd 3 NY3d 743 [2004]). To give rise to constructive notice, a defect must be visible and apparent and must exist for a sufficient length of time before the accident to permit the defendant to discover and remedy it (see Gordon v American Museum of Natural History, 67 NY2d 836 [1986]). Only after the defendants have satisfied their threshold burden will the court examine the sufficiency of the plaintiff's opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]; Soto-Lopez v Board of Mgrs. of Crescent Tower Condominium, 44 AD3d 846 [2007]).

Here, the defendants failed to submit evidence sufficient to make a prima facie showing of [*2]entitlement to judgment as a matter of law. Thus, the Supreme Court properly denied their motion for summary judgment dismissing the complaint.

The defendants' remaining contentions are without merit. Rivera, J.P., Ritter, Carni and Leventhal, JJ., concur.