Burko v. Friedland

Judgment, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered February 29, 2008, which granted defendants’ motion and cross motion for summary judgment dismissing the complaint in this trip and fall action, unanimously affirmed, without costs.

In support of summary judgment, defendant owners and lessee met their prima facie burden of proving the absence of a material issue of fact concerning creation of the defective condition and actual or constructive notice of it. Defendants testified that they had no knowledge of prior, similar accidents on the sidewalk in front of the premises,…