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TUNG TSUI v. NEW CHARLIE TSENG CORPORATION

35 A.D.3d 390 (2006)

825 N.Y.S.2d 276

LAU TUNG TSUI et al., Appellants, v. NEW CHARLIE TSENG CORPORATION, Respondent, et al., Defendant.

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

Decided December 5, 2006.

Ordered that the order is affirmed, with costs.

To hold a landlord liable for injuries resulting from a hazardous condition upon its premises, the plaintiff must establish that the landlord either created the condition, or had actual or constructive notice of it (see Piacquadio v Recine Realty Corp., 84 N.Y.2d 967, 969 [1994]; Gordon v American Museum of Natural History, 67 N.Y.2d 836

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