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KAUFFMANN v. CAPRIC

49 A.D.3d 606 (2008)

852 N.Y.S.2d 789

TIMOTHY KAUFFMANN et al., Appellants, v. ISO CAPRIC et al., Respondents.

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

Decided March 11, 2008.

Ordered that the order is affirmed, with costs.

In response to the defendants' showing that they neither created nor had actual or constructive notice of the alleged hazardous condition complained of for a sufficient length of time to discover and remedy it, the plaintiffs failed to submit admissible evidence sufficient to show the existence of a triable issue of fact (see Gordon v American Museum of Natural History, 67 N.Y.2d 836

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