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PARRILLA v. ROSENBERG

301 A.D.2d 467 (2003)

753 N.Y.S.2d 834

NICHOLAS PARRILLA et al., Appellants, v. IRVING ROSENBERG et al., Respondents.

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

Decided January 28, 2003.

Summary judgment dismissing the complaint was properly granted in the absence of evidence sufficient to raise a triable issue as to whether the claimed hazard existed much less as to whether defendant property owners created or had notice, actual or constructive, of any such hazard (see Dombrower v Maharia Realty Corp., 296 A.D.2d 353

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