Ordered that the order is affirmed, with costs.
The defendant established, prima facie, his entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the defendant created or had actual or constructive notice of the allegedly defective boarding seat step, which collapsed when the plaintiff Barbara Pugliese stood on it in an effort to exit the defendant's motorboat (see Abrams v Powerhouse Gym...
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