Ordered that the order is affirmed, with costs.
The plaintiff has failed to establish that the defendant had either actual or constructive notice of the alleged defect in the step that caused his fall. To the contrary, the plaintiff's own testimony shows that he had no problems with the step until after he made numerous trips with a heavy garbage pail, which caused the step to crumble and "flip", resulting in his injuries. Accordingly, the defendant is entitled to...
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