REYNOLDS v. KNIBBS

No. 230 SSM 47.

15 N.Y.3d 879 (2010)

CORIEY REYNOLDS et al., Appellants, v. MILLARD J. KNIBBS et al., Respondents.

Court of Appeals of New York.

Decided October 26, 2010.


Attorney(s) appearing for the Case

Cellino & Barnes, P.C., Rochester ( Robert L. Voltz of counsel), for appellants.

Bouvier Partnership, LLP, Buffalo ( Norman E.S. Greene of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied. Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs (see Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837 [1986]).

On review of submissions pursuant to section...

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