Opinion
December 16, 1998
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the order is affirmed, with costs.
Contrary to the appellants' contention, they did not sustain their initial burden of establishing that they neither created nor had actual or constructive notice of the defect which allegedly caused the injured plaintiff's fall ( see, Raynor v. Torres, 248 A.D.2d 698; cf., Martines v. New York City Tr. Auth., 251 A.D.2d 464). Accordingly, the Supreme Court properly denied their motion for summary judgment ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851).
Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.