Appellate Division of the Supreme Court of the State of New York April 19, 2011 (Nugent v. 1235 Concourse Tenants Corp.)

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 19, 2010, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants failed to establish prima facie that they neither created nor had actual or constructive notice of the alleged hazardous condition (see Giuffrida v Metro N. Commuter R.R. Co.