| Alexander v Rum Point Tavern, Inc. |
| 2009 NY Slip Op 03852 [62 AD3d 731] |
| May 12, 2009 |
| Appellate Division, Second Department |
| Justin Alexander, Respondent, v Rum Point Tavern, Inc.,Also Known as Rhumbline Restaurant et al., Appellants, et al.,Defendant. |
—[*1] Vincent D. McNamara, East Norwich, N.Y. (Anthony Marino of counsel), for appellant PortPartners, Inc. Leslie Tenzer, Babylon, N.Y., for respondent.
In an action to recover damages for personal injuries, the defendant Rum Point Tavern, Inc.,also known as Rhumbline Restaurant, appeals, as limited by its brief, and the defendant PortPartners, Inc., separately appeals, as limited by its brief, from so much of an order of theSupreme Court, Suffolk County (Molia, J.), dated March 11, 2008, as denied their separatemotions for summary judgment dismissing the complaint and all cross claims insofar as assertedagainst them.
Ordered that the order is affirmed, with one bill of costs.
Contrary to the appellants' contentions, they failed to satisfy their burden of establishing,prima facie, that the complained-of condition was not defective, or that they had no notice of adefective condition (see Kucevic vThree Park Ave. Bldg. Co., L.P., 55 AD3d 792 [2008]; Kucera v WaldbaumsSupermarkets, 304 AD2d 531 [2003]; cf. Mansfield v Dolcemascolo, 34 AD3d 763 [2006]). Thedeposition testimony of both appellants' principals demonstrates that each appellant hadknowledge of the manner in which the complained-of condition was constructed.[*2]
The appellants' remaining contentions are without merit.Prudenti, P.J., Santucci, Florio and Belen, JJ., concur.