The IAS Court erred in finding that there was no proof of either actual or constructive notice. The evidence submitted by plaintiff raised a triable issue of fact as to whether the alleged defect in the stairway was visible and apparent and had existed for a sufficient length of time prior to the accident to permit the owner to discover and remedy it, thus constituting constructive, if not actual, notice. Specifically, the record establishes that: (1) Woolco is the owner...
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