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RUTH MANTON, ET AL., Plaintiffs-Appellants, v. STUART SUMMIT, ET AL., Defendants-Respondents, OWEN AND BRONIECKI CONSTRUCTION CO., INC., ET AL., Defendants.

The Summit defendants met their burden on their motion for summary judgment. There was no evidence to show that plaintiff's fall down their residential staircase was caused by a dangerous condition created by defendants, or that defendants had actual or constructive notice of a potentially dangerous condition existing on the steps (see, Wright v. South Nassau Communities Hosp., 254 A.D.2d 277). Plaintiff, in opposition to summary judgment, failed in her burden as to causation and thus failed to raise an issue of fact as to the Summit defendants' liability (see,Lynn v. Lynn, 216 A.D.2d 194, 195).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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MANTON v. SUMMIT
(Nov 29, 2001)