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FLANDERS v. SEDGWICK AVENUE ASSOCIATES, LLC

5153. 301886/13.

156 A.D.3d 504 (2017)

65 N.Y.S.3d 443

2017 NY Slip Op 08718

RUBY FLANDERS, Appellant, v. SEDGWICK AVENUE ASSOCIATES, LLC, et al., Respondents.

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

Decided December 14, 2017.

Owner defendants failed to make a prima facie showing that they lacked actual or constructive notice of the defect in the sidewalk that allegedly caused plaintiff to trip and fall (see Uncyk v Cedarhurst Prop. Mgt., LLC, 137 A.D.3d 610, 610 [1st Dept 2016]). A jury could infer from plaintiff's photograph of the defective condition that the condition existed for a sufficient length of time for owner defendants to have discovered it...

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