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BREWER v. STONEHILL & TAYLOR ARCHITECTS

7039, 107477/08.

93 A.D.3d 462 (2012)

940 N.Y.S.2d 55

2012 NY Slip Op 1746

JEFFERY BREWER et al., Respondents, v. STONEHILL & TAYLOR ARCHITECTS, Respondent-Appellant, and R.P. BRENNAN, Appellant-Respondent.

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

Decided March 8, 2012.

Defendants established prima facie that they did not create the allegedly dangerous condition that precipitated plaintiff's injuries, i.e., a piece of molding on the floor near the freight elevator, or have actual or constructive notice of it (see Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500 [2008]). Stonehill's president and Brennan's project manager both testified that Brennan completed the work it had been hired by Stonehill...

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