Opinion
CA 02-00967
November 15, 2002.
Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered November 27, 2001, which denied defendants' motion for summary judgment dismissing the complaint.
RUPP, BAASE, PFALZGRAF CUNNINGHAM LLC, BUFFALO (JEFFREY F. BAASE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAW OFFICES OF MICHAEL D. BRAISTED, WILLIAMSVILLE (MICHAEL D. BRAISTED OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., HAYES, SCUDDER, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Plaintiff commenced this action seeking damages for personal injuries that she sustained when she slipped and fell on a stairway on premises leased to her by defendants. Supreme Court properly denied defendants' motion for summary judgment dismissing the complaint. Defendants failed to sustain their burden of demonstrating their entitlement to judgment as a matter of law on the issues whether the premises were negligently maintained in a defective or hazardous condition, whether they had constructive notice of that alleged defect or hazard, and whether the alleged defect or hazard caused or contributed to plaintiff's injuries ( see Carpenter v. Penn Traffic Co., 296 A.D.2d 842; Hunley v. University of Rochester Strong Mem. Hosp., 294 A.D.2d 923; Donohue v. Seven Seventeen HB Buffalo Corp., 292 A.D.2d 786, 787; Gentile v. University of Rochester Med. Ctr., 292 A.D.2d 874, 875; Kajfasz v. Wal-Mart Stores, 288 A.D.2d 902; Steenwerth v. United Ref. Co. of Pa., 273 A.D.2d 878; Tenebruso v. Toys "R" Us-NYTEX, 256 A.D.2d 1236 , 1237). Even assuming, arguendo, that defendants met their initial burden, we conclude that plaintiff raised triable questions of fact concerning those issues ( see Carpenter, 296 A.D.2d at 843; McKenzie v. Crossroads Arena, 291 A.D.2d 860, lv dismissed 98 N.Y.2d 647; Kajfasz, 288 A.D.2d 902; Leone v. County of Monroe, 284 A.D.2d 975; Thorn v. Wilmorite, Inc., 281 A.D.2d 981).