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EVELYN SINGER et al., Appellants, v. ST. FRANCIS HOSPITAL, Respondent.

Ordered that the order is affirmed, with costs.

In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon the property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence ( see Gordon v. American Museum of Natural History, 67 NY2d 836; Lezama v. 34-15 Parsons Blvd., LLC, 16 AD3d 560; Curiale v. Sharrotts Woods, Inc., 9 AD3d 473, 474-475). Here, the defendant met its initial burden of establishing entitlement to judgment as a matter of law ( see Morrison v. 107 W. 38th Realties Co., 17 AD3d 645; Jimenez v. T.J. Maxx, Inc., 17 AD3d 638; Onley v. Shopwell, Inc., 16 AD3d 565). In opposition thereto, the plaintiffs failed to raise a triable issue of fact ( see Alvarez v. Prospect Hosp., 68 NY2d 320; Morrison v. 107 W. 38th Realties Co., supra; Jimenez v. T.J. Maxx, Inc., supra; Onley v. Shopwell, Inc., supra). The photographs relied upon by the plaintiffs were insufficient to demonstrate that the defendant had constructive notice of the alleged defect ( see Krakinowski v. New York City Tr. Auth., 18 AD3d 443; Lustenring v. 98-100 Realty, 1 AD3d 574, 577).

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SINGER v. ST. FRANCIS HOSPITAL
(Aug 15, 2005)