Reynolds v Knibbs
2010 NY Slip Op 07578 [15 NY3d 879]
October 26, 2010
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 22, 2010


[*1]
Coriey Reynolds et al., Appellants,
v
Millard J. Knibbs et al., Respondents.

Decided October 26, 2010

Reynolds v Knibbs, 73 AD3d 1456, reversed.

APPEARANCES OF COUNSEL

Cellino & Barnes, P.C., Rochester (Robert L. Voltz of counsel), for appellants.

Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for respondents.

{**15 NY3d at 880} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied. Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]). [*2]

{**15 NY3d at 881}Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.