| Wernick v City of New York |
| 2007 NY Slip Op 04163 [40 AD3d 351] |
| May 15, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Rachel Wernick et al., Appellants, v City of New York et al., Respondents. |
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Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for respondents.
Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered January 18, 2006, which granted defendants' motion for summary judgment dismissing the complaint and dismissed as moot plaintiffs' cross motion for summary judgment on liability, unanimously affirmed, without costs.
Defendants demonstrated prima facie that they had no actual or constructive notice of the condition on the subway station staircase that allegedly caused plaintiff's injuries, and plaintiffs' submissions failed to raise an issue of fact in that regard (Goldman v Waldbaum, Inc., 248 AD2d 436 [1998], lv denied 92 NY2d 805 [1998]). Concur—Tom, J.P., Friedman, Sullivan, Buckley and Kavanagh, JJ.