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BROWN v. LINDEN PLAZA HOUSING CO., INC.

36 A.D.3d 742 (2007)

829 N.Y.S.2d 571

ADRIENNE BROWN, Respondent, v. LINDEN PLAZA HOUSING CO., INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 23, 2007.

Ordered that the order is affirmed, with costs.

A defendant who has actual knowledge of an ongoing and recurring dangerous condition can be charged with constructive notice of each specific reoccurrence of the condition (see Osorio v Wendell Terrace Owners Corp., 276 A.D.2d 540 [2000]). Here, the defendants failed to meet their burden of establishing that the condition of garbage and debris on the interior stairway of the...

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