Baldino v. Long Island Rail Road

In a negligence action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dunkin, J.), dated January 18, 1994, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

We reject the defendant’s contention that the plaintiff failed to raise an issue of fact as to whether the defendant had constructive notice of the allegedly defective stairway which caused the plaintiff’s injuries. To constitute constructive notice, a defect must be visible and apparent and it must exist…