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SANTOS v. BALDWIN-ENDICO REALTY ASSOCIATES

6 N.Y.3d 887 (2006)

850 N.E.2d 670

817 N.Y.S.2d 623

DANILIO SANTOS, an Infant, by His Mother and Natural Guardian, LUISA ALMANZAR, Appellant, v. BALDWIN-ENDICO REALTY ASSOCIATES, Respondent.

Court of Appeals of the State of New York.

Decided May 11, 2006.

Attorney(s) appearing for the Case

Alexander J. Wulwick, New York City, and Gurfein Douglas, LLP, for appellant.

Cohen, Kuhn & Associates, New York City (Erika L. Hartley of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. We agree with the Appellate Division majority that plaintiff failed to raise an issue of fact as to whether the injuries alleged resulted from a dangerous condition of which defendant had actual or constructive notice (see Basso v Miller, 40 N.Y.2d 233, 240-241 [1976]).

On review of submissions pursuant to...

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