Opinion
April 9, 1996
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
The affidavit of plaintiff's friend, submitted for the first time on the motion to renew and without explanation for its initial omission, was insufficient to raise an issue of fact as to whether defendants had constructive notice of the condition ( see, Cipolla v. Supermarkets Gen. Corp., 215 A.D.2d 346), especially in light of plaintiff's own deposition testimony that she did not see any such condition when she ascended the same stairs subsequent to the witness's alleged observations ( see, Trujillo v. Riverbay Corp., 153 A.D.2d 793, 795). Nor did plaintiff's submissions give rise to a material issue of fact regarding her inadequate lighting claim.
Concur — Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.