CALDERON v. NOONAN TOWERS CO

plaintiff was allegedly injured when she fell after catching her heel in a cracked or broken portion of the threshold to the vestibule of defendants' building. A triable issue of facts exists regarding whether the alleged defective condition is actionable ( see Trincere v County of Suffolk, 90 NY2d 976 [1997]). Questions of fact were also raised, from the photographs and defendants' superintendent's deposition testimony, as to whether defendants had constructive notice of the defect ( see Taylor v New York City Tr. Auth., 48 NY2d 903 [1979]; see also Batton v Elghanayan, 43 NY2d 898 [1978]).