Munoz v. Artha Management, Inc.

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about September 26, 1995, which, insofar as appealed from, upon granting renewal, adhered to the original determination granting defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The affidavit of plaintiff’s friend, submitted for the first time on the motion to renew and without explanation for its initial omission, was insufficient to raise an issue of fact as to whether defendants had constructive notice of the condition (see, Cipolla v Supermarkets Gen. Corp., 215 AD2d…