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Reynolds v. Knibbs

New York Court of Appeals


October 26, 2010

CORIEY REYNOLDS ET AL., APPELLANTS,
v.
MILLARD J. KNIBBS ET AL., RESPONDENTS.

This opinion is uncorrected and subject to revision before publication in the New York Reports.

MEMORANDUM

The order of the Appellate Division should be reversed, with costs, and defendants' motion for summary judgment denied.

Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]).

On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and defendants' motion for summary judgment denied, in a memorandum.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

20101026

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