Santos v. Baldwin-Endico Realty Associates

Judgment, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about June 21, 2004, which granted defendant’s motion for summary judgment and dismissed the complaint, affirmed, without costs. Appeal from order, same court and Justice, entered May 27, 2004, dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff failed to raise an issue of fact as to whether defendant had constructive notice of the alleged dangerous condition on the roof (see Basso v Miller, 40 NY2d 233, 240-241 [1976]). *226Even if, as plaintiff argues, the presence of broken windows,…