Flanders v. Sedgwick Avenue Associates, LLC

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered December 1, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Owner defendants failed to make a prima facie showing that they lacked actual or constructive notice of the defect in the sidewalk that allegedly caused plaintiff to trip and fall (see Uncyk v Cedarhurst Prop. Mgt, LLC, 137 AD3d 610, 610 [1st Dept 2016]). A jury could infer from plaintiff’s photograph of the defective condition that the condition existed for a…