Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Glownia, J.
Present — Pine, J.P., Lawton, Fallon, Wesley and Davis, JJ.
Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs failed to raise a question of fact whether defendant had actual or constructive notice of a hazardous condition on the marble steps where plaintiff Robert Hooker fell. "[A] `general awareness' that a dangerous condition may be present is legally insufficient to constitute notice of the particular condition that caused plaintiff's fall" (Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969, quoting Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 838). Thus, Supreme Court erred in denying defendant's summary judgment motion.