Teodorescu v. Resnick & Binder, P.C.

OPINION OF THE COURT

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.

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