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VAN ORDEN v. McKASTY

55 A.D.3d 725 (2008)

864 N.Y.S.2d 782

ANNE VAN ORDEN, Respondent, v. GAIL R. McKASTY, Respondent, and WENDY BURNETT et al., Appellants.

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

October 14, 2008.

Ordered that the order is affirmed, with one bill of costs.

The defendants Wendy Burnett and Mark Burnett failed to meet their prima facie burden of establishing that they did not have constructive notice of the allegedly defective stairway where the plaintiff alleges she slipped and fell (see Gordon v American Museum of Natural History, 67 N.Y.2d 836, 837 [1986]; Gonzalez v Jenel Mgt. Corp., 11 A...

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