March 25, 2010
CECILIA TEODORESCU, APPELLANT,
RESNICK & BINDER, P.C., RESPONDENT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Order reversed, with costs, and defendant's motion for summary judgment denied. We hold, contrary to the Appellate Division, that plaintiff raised issues of fact regarding whether she could have prevailed on a theory of constructive notice. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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