Opinion
April 13, 1987
Appeal from the Supreme Court, Kings County, Scholnick, J., Bernstein, J.
Ordered that the judgment is affirmed insofar as appealed from, with costs.
Where, as here, a theory of liability submitted to the jury is that the appellant itself created a dangerous condition which led to the plaintiff Providence Saia's injury, notice is not an essential part of the cause of action (see, Lewis v Metropolitan Transp. Auth., 64 N.Y.2d 670, affg 99 A.D.2d 246, 249-250, on opn at App. Div.; Safran v Man-Dell Stores, 106 A.D.2d 560, 562; 1 N.Y. PJI 2d, at 274). Therefore, given the facts of this case, the plaintiffs sufficiently established a prima facie case of negligence against the appellant for the trial court to submit this case to the jury (see, Akins v Glens Falls City School Dist., 53 N.Y.2d 325, 333, rearg denied 54 N.Y.2d 831; Basso v Miller, 40 N.Y.2d 233, 241). Bracken, J.P., Brown, Niehoff and Kooper, JJ., concur.