Initially, we find that the IAS Court improvidently exercised its discretion in deeming defendants' motion untimely under the circumstances herein.
With respect to the common-law negligence cause, plaintiffs failed to show that defendants knew of the dangerous condition and did not remedy it or that the condition had existed for such a sufficient length of time that, in the exercise of reasonable care, defendants should either have corrected it or warned of its existence...
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