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AUGUSTUS F. LANDER, Appellant, v. JOANNE NACRI, Respondent.

Ordered that the judgment is affirmed, with costs.

The record reveals that the plaintiff failed to present any evidence that the defendant had actual or constructive notice of any dangerous condition on his roof which could have caused the plaintiff to slip and fall, or that the defendant or his employees had created any dangerous condition. Accordingly, the plaintiff failed to establish a prima facie case and the defendant was properly granted judgment as a matter of law (see, e.g., Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Bogart v. Woolworth Co., 24 N.Y.2d 936; Katcher v. Ideal Tennis, 65 A.D.2d 751; Dowling v. Woolworth Co., 16 A.D.2d 672). Mollen, P.J., Thompson, Brown and Rubin, JJ., concur.

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LANDER v. NACRI
(May 18, 1987)