Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Custom Window and Door Products, Inc., and substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as appealed from, with costs payable by the plaintiff to the defendant Custom Window and Door Products, Inc., the complaint and all cross claims insofar as asserted against that defendant are dismissed, and the action against the remaining defendants is severed.
Similarly, we reject the contention of the defendants Sharon Blount and Ernestine Blount (hereinafter the Blounts), the owners of the subject property, that they are entitled to summary judgment on the ground that the alleged debris in the common hallway was open and obvious. A condition can be said to be open and obvious where it is readily observable by the reasonable use of one's senses (see, Lamparelli v Sawmill Constr. Corp., 280 A.D.2d 585). Based on the conflicting evidence, an issue of fact remains as to whether the condition was open and obvious. As such, summary judgment dismissing the complaint insofar as asserted against the Blounts was properly denied.
Similarly, an issue of fact exists as to whether the Blounts had constructive notice of the allegedly defective condition. Before a landowner may be held liable for a defective condition on his or her property, a plaintiff must show either that the owner created the condition, or that he or she had actual or constructive notice of the condition and a reasonable opportunity to remedy it (see, Piacquadio v Recine Realty Corp., 84 N.Y.2d 967). To establish constructive notice, the plaintiff must show that the condition was visible and apparent, and existed for a sufficient length of time prior to the accident for the owner to discover it and remedy it (see, Golding v Powell & Dempsey, 247 A.D.2d 510). Based on the conflicting evidence regarding the visibility of the alleged defective condition and the length of time it existed, summary judgment was properly denied to the Blounts.
However, the defendant Custom Window and Door Products, Inc. (hereinafter Custom) has established its entitlement to judgment as a matter of law by demonstrating that the work it performed at the subject premises some five months prior to the plaintiff's accident could not have been the source of the defective condition described by the plaintiff and the other witnesses. Accordingly, we modify the order by granting