Opinion
Argued November 15, 2000.
December 12, 2000.
In an action to recover damages for wrongful death and conscious pain and suffering, the defendants appeal from an order of the Supreme Court, Queens County (Price, J.), dated December 21, 1999, which denied their motion for summary judgment dismissing the complaint.
Steven G. Fauth, New York, N.Y. (Martin J. Moskowitz of counsel), for appellants.
Shafran Mosley, P.C., New York, N.Y. (Kevin L. Mosley and Robert V. Kaminski of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendants' contention, the Supreme Court correctly found that there is an issue of fact as to whether they had notice of the alleged dangerous condition which caused the decedent's fall (see, Osorio v. Wendell Terrace Owners Corp., 276 A.D.2d 540 ; [2d Dept., Oct. 10, 2000]; McLaughlan v. Waldbaums, Inc., 237 A.D.2d 335; Lande v. New York City Bd. of Educ., 222 A.D.2d 656; Columbo v. James River II, Inc., 197 A.D.2d 760). Accordingly, the defendants ' motion for summary judgment was properly denied.