GLOTH v. BRUSCO EQUITIES

There is no evidence that defendants had actual or constructive notice of the defective condition that caused plaintiff's injury (see Juarez v. Wavecrest Mgt. Team, 88 N.Y.2d 628, 646). The court properly disregarded plaintiff's affidavit on the issue of notice since it contradicted his prior deposition testimony and was clearly tailored to create an issue of fact (Phillips v. Bronx Lebanon Hosp., 268 A.D.2d 318, 320).