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DREMEAUX v. ST. FRANCIS CEMETERY

303 A.D.2d 542 (2003)

756 N.Y.S.2d 460

LILLIE DREMEAUX et al., Appellants, v. ST. FRANCIS CEMETERY et al., Defendants and Third-Party Plaintiffs-Respondents. DANIEL LESLIE, Third-Party Defendant-Respondent.

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

Decided March 17, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants demonstrated their entitlement to judgment as a matter of law by submitting evidence which showed that they did not create or have actual or constructive notice of the alleged dangerous condition which caused the infant plaintiff's injury (see Gordon v American Museum of Natural History, 67 N.Y.2d 836 [1986]; Blaszczyk v Riccio,

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