BURKO v. FRIEDLAND


62 A.D.3d 462 (2009)

878 N.Y.S.2d 64

GAIL BURKO, Appellant, v. LAWRENCE FRIEDLAND et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 7, 2009.


In support of summary judgment, defendant owners and lessee met their prima facie burden of proving the absence of a material issue of fact concerning creation of the defective condition and actual or constructive notice of it. Defendants testified that they had no knowledge of prior, similar accidents on the sidewalk in front of the premises, never saw the defective condition of the sidewalk and did not make any alterations to the sidewalk.

The motion court correctly...

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