LOBSENZER v. MINTZ

ORDERED that the order is affirmed, with costs.

The defendants failed to make a prima facie showing that they were entitled to judgment as a matter of law. There are triable issues of fact as to whether the defect in question was trivial, and, if not, whether the defendants had actual or constructive notice of the defective condition upon which plaintiff's decedent fell (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Roberts v. Consolidated Edison of New York, 273 A.D.2d 369; Fox v. Kamal Corp., 271 A.D.2d 485).

The defendants' remaining contentions are without merit.

BRACKEN, P.J., O'BRIEN, SMITH and COZIER, JJ., concur.