Opinion
Argued April 30, 2001.
May 21, 2001.
In an action to recover damages for personal injuries and wrongful death, the defendants appeal from an order of the Supreme Court, Kings County (Jackson, J.), entered February 29, 2000, which denied their motion for summary judgment dismissing the complaint.
Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, NANCY E. SMITH and BARRY A. COZIER, JJ.
Lewis, Johs, Avallone, Aviles Kaufman, Melville, N.Y. (Christine Malafi and Michael Kruzynski of counsel), for appellants.
MacKay Wrynn, Douglaston, N.Y. (Cynthia M. Burke of counsel), for respondents.
ORDERED that the order is affirmed, with costs.
The defendants failed to make a prima facie showing that they were entitled to judgment as a matter of law. There are triable issues of fact as to whether the defect in question was trivial, and, if not, whether the defendants had actual or constructive notice of the defective condition upon which plaintiff's decedent fell (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Roberts v. Consolidated Edison of New York, 273 A.D.2d 369; Fox v. Kamal Corp., 271 A.D.2d 485).
The defendants' remaining contentions are without merit.
BRACKEN, P.J., O'BRIEN, SMITH and COZIER, JJ., concur.