Reynolds v Knibbs, 15 NY3d 879 (2010)

2010 NY Slip Op 07578 [15 NY3d 879]
October 26, 2010
Court of Appeals

[*1]

In the Matter of Coriey Reynolds et al., Appellants,
v
Millard J. Knibbs et al., Respondents.

Decided October 26, 2010

Reynolds v Knibbs, 73 AD3d 1456, reversed.

{**15 NY3d at 880} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendants’ motion for summary judgment denied. Plaintiffs raised a triable issue of fact as to whether defendants had constructive notice of the alleged defect in the stairs (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]). [*2]

{**15 NY3d at 881}Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.