Opinion
March 16, 1998
Appeal from the Supreme Court, Nassau County (O'Connell, J.).
Ordered that the order is affirmed, with costs.
Contrary to the defendant's contentions, the deposition testimony of the plaintiff Javier Baquero was sufficient to raise a triable issue of fact as to the existence of a defective condition on the defendant's property which allegedly caused his fall ( see, Romano v. Westbury Prop. Inv. Co., 240 A.D.2d 388; Farrar v. Teicholz, 173 A.D.2d 674). The plaintiffs also submitted evidence raising an issue of fact as to whether the defendant had actual or constructive notice of the alleged defect ( see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Romano v. Westbury Prop. Inv. Co., supra; Ferlito v. Great S. Bay Assocs., 140 A.D.2d 408).
We decline to reach the defendant's remaining contention, as it is raised for the first time on appeal ( see, Matter of Allstate Ins. Co. v. Bieder, 212 A.D.2d 693; Miller Org. v. Vasap Constr. Corp., 184 A.D.2d 763).
Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.