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ZEKTSER v. BETTER HOMES DEPOT, INC.

302 A.D.2d 455 (2003)

753 N.Y.S.2d 753

MARIA ZEKTSER et al., Appellants, v. BETTER HOMES DEPOT, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 10, 2003.

Ordered that the order is affirmed, with costs to the defendant Marc Oringer.

To impose liability upon a property owner for injuries caused by a defective condition, a plaintiff must establish that the owner created the condition or had actual or constructive notice of its existence (see Brown-Phifer v Cross County Mall Multiplex, 282 A.D.2d 564; Bonilla v Starrett City at Spring Cr., 270 A.D.2d 377...

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