Order, Supreme Court, New York County (Karen Smith, J.), entered March 17, 2008, which, to the extent appealed from, granted plaintiffs leave to amend the verified complaint and the verified bill of particulars and denied defendant One Hand Realty's ("One Hand") cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Saxe, J.P., Friedman, Sweeny, Acosta, Freedman, JJ.
112747/05, 109870/06, 590131/07, 590686/07
Defendant One Hand failed to establish as a matter of law that it did not create or have notice of the alleged defective condition (Colt v Great Atl. & Pac. Tea Co., 209 AD2d 294, 295 ). Plaintiff's testimony as well as the photographs and affidavit from plaintiff's expert were properly relied upon by the motion court in determining that One Hand was not entitled to summary judgment.
Plaintiff was properly granted leave to amend his complaint and bill of particulars (CPLR 3025[b]; McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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