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JONES v. 550 REALTY HEIGHTS, LLC

6141, 102617/08.

89 A.D.3d 609 (2011)

932 N.Y.S.2d 778

2011 NY Slip Op 8491

DALE JONES, Respondent, v. 550 REALTY HEIGHTS, LLC, et al., Appellants.

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

Decided November 22, 2011.

Defendants' failed to meet their initial burden of demonstrating entitlement to judgment as a matter of law on the issue of whether they lacked constructive notice that the subject step was worn, because they failed to address the allegation in their moving papers (see Sanchez v Irun, 83 A.D.3d 611, 611-612 [2011]; James v Loran Realty V Corp., 61 A.D.3d 561, 562 [2009]). Defendants rely...

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