ORDERED that the order dated November 15, 2000, is affirmed insofar as appealed from; and it is further,
ORDERED that the order dated February 16, 2001, is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.
In their motions for summary judgment, the defendants made a prima facie showing of entitlement to judgment as a matter of law, since the evidence indicated that they neither created nor had actual or constructive notice of the missing concrete on the steps that allegedly caused the plaintiff to fall (see Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 969; Mercer v. City of New York, 223 A.D.2d 668, affd 88 N.Y.2d 955). In opposition, the plaintiff failed to demonstrate that his prior complaints to restaurant personnel regarding debris on the steps constituted actual or constructive notice of the alleged defect (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Galgan v. Allied Staten Is. Co., 248 A.D.2d 585; Mankowski v. Two Park Co., 225 A.D.2d 673).
Denial of the plaintiff's motion for leave to renew was proper as the expert affidavit submitted in support thereof was based upon an examination of the steps some five years after the accident. As such, it failed to establish that a hazardous condition existed on the day of the plaintiff's fall or that the defendants had actual or constructive notice of the alleged missing concrete in the steps (see Figueroa v. Haven Plaza Hous. Dev. Fund Co., 247 A.D.2d 210; Mankowski v. Two Park Co., supra). Moreover, the photographs upon which the plaintiff relied are not admissible in evidence. Although taken when the stairs were examined, they were not authenticated by evidence sufficient to establish that the condition at the time of the plaintiff's fall was substantially as shown in the photographs (see Truesdell v. Rite Aide of New York, 228 A.D.2d 922, 923; Anis v. Associated Rest. Mgt. Corp., 202 A.D.2d 459, 460).
O'BRIEN, J.P., FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.