Danilio Santos v Baldwin-Endico Realty Associates

Santos v Baldwin-Endico Realty Assoc. 2006 NY Slip Op 03643 [6 NY3d 887] May 11, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

[*1] Danilio Santos, an Infant, by His Mother and Natural Guardian, Luisa Almanzar, Appellant,
v
Baldwin-Endico Realty Associates, Respondent.

Decided May 11, 2006

Santos v Baldwin-Endico Realty Assoc., 24 AD3d 225, affirmed.

APPEARANCES OF COUNSEL

Alexander J. Wulwick, New York City, and Gurfein Douglas, LLP for appellant.

Cohen, Kuhn & Associates, New York City (Erika L. Hartley of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs. We agree with the Appellate Division majority that plaintiff failed to raise an issue of fact as to whether the injuries alleged resulted from a dangerous condition of which defendant had actual or constructive notice (see Basso v Miller, 40 NY2d 233, 240-241 [1976]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.