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DIANE GOLDFARB, ETC., ET AL., RESPONDENTS, v. ARKADI KZICHEVSKY, A/K/A ARKADI KRICHEVSKY, ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

On the evening of February 16, 1995, at approximately 9:00 P.M., the decedent Marvin Goldfarb, a tenant of the defendants, was allegedly injured when he stepped on an object in the driveway of the defendants' premises. The exterior light to the premises was allegedly off at the time of the accident. The plaintiffs assert that the defendants were negligent in that they supplied inadequate lighting for the driveway.

The defendants failed to establish, as a matter of law, that they received no notice of the allegedly inadequate lighting or that the lighting condition was not a proximate cause of the decedent's injury. The Supreme Court, therefore, properly denied their motion for summary judgment (see, CPLR 3212[b]; cf., Rivas v. Waldbaums Supermarket, Inc., 247 A.D.2d 600).

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GOLDFARB v. KZICHEVSKY
(Feb 20, 2001)