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VALERIS v. FRIEDMAN

231 A.D.2d 565 (1996)

647 N.Y.S.2d 114

Anthony Valeris et al., Appellants, v. Moses Friedman et al., Defendants, and John Glenn, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 16, 1996

Ordered that the order is affirmed, with costs.

In response to the defendant John Glenn's motion papers which made out a prima facie case for summary judgment, the plaintiffs failed to submit evidence indicating that Glenn created the allegedly hazardous condition, or had actual or constructive notice of it. Glenn's motion was therefore properly granted (see, Gordon v American Museum of Natural History, 67 N.Y.2d 836

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