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COLLINS v. 5840 MERRICK ROAD REALTY CORP.

2010-01590.

80 A.D.3d 551 (2011)

914 N.Y.S.2d 647

PAMELA COLLINS, Respondent, v. 5840 MERRICK ROAD REALTY CORP. et al., Appellants.

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

Decided January 11, 2011.

Ordered that the order is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiff (see Martinez v Khaimov, 74 A.D.3d 1031 [2010]; Rivera v YMCA of Greater N.Y., 37 A.D.3d 579 [2007]), the defendants failed to establish, prima facie, that they did not create the alleged hazardous condition or have actual or constructive notice of it (see...

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