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YANNOTTI v. FOUR BROTHERS HOMES AT HEARTLAND CONDOMINIUM I

24 A.D.3d 659 (2005)

808 N.Y.S.2d 363

MARION YANNOTTI, Appellant, v. FOUR BROTHERS HOMES AT HEARTLAND CONDOMINIUM I et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. ANTHONY FUSCO et al., Third-Party Defendants.

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

December 19, 2005.

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

The defendants Four Brothers Homes at Heartland Condominium I and T.W. Finnerty Property Management, Inc. (hereinafter the condominium defendants), met their prima facie burden on their motion for summary judgment by showing that they did not create, or have notice of, the icy condition upon which the plaintiff allegedly slipped and fell (see Trainor v. Dayton Seaside Assoc. No. 3,

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