Appellate Division of the Supreme Court of the State of New York May 21, 2014 (Maloney v. Farris)

The injured plaintiff allegedly tripped and fell over a defect in a sidewalk abutting the defendants’ premises. The plaintiff, and his wife suing derivatively, commenced this action against the defendants. The defendants moved, inter alia, for summary judgment dismissing the complaint, contending that they did not have notice of the alleged hazardous condition.