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NY Slip Op 00042
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 6, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established entitlement to judgment as a matter of law, in this action for personal injuries arising out of plaintiff’s fall on an exterior stairway attached to defendants’ building.
Plaintiff failed to raise a triable issue of fact. The record establishes that defendants neither created the allegedly defective condition nor had actual or constructive notice of it (see Rodriguez v. City of New York, 137 A.D.3d 573 [1st Dept. 2016]). No prior complaints or written notices were made to the superintendent or managing agent about the condition of the stairs (see Perez v. Bronx Park S. Assoc., 81 A.D.3d 513 [1st Dept. 2011]). Although plaintiff testified that the superintendent was aware of the condition, such testimony was speculative and insufficient to defeat summary judgment (see Negron v. Concourse Plaza Assoc.,
