1 No. 109 SSM 14
Enisa Zanki, et al.,
Appellants,
v.
Gerald K. Cahill, et al.,
Defendants, Cushman & Wakefield, Inc.,
Respondent.

Cushman & Wakefield, Inc., Third-Party Respondent,
v.
California JKC Properties, Inc., &c., Third-Party Respondent, Tishman Speyer Properties, Inc., et al., Third-Party Defendants.

2004 NY Int. 68

May 11, 2004

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Robert A. Skoblar, for appellants.
Submitted by James A. Rogers, for respondent Cushman & Wakefield, Inc. and third-party respondent California JKC Properties, Inc.

MEMORANDUM:

The order of the Appellate Division should be affirmed with costs.

The Appellate Division properly determined that plaintiffs failed to raise a triable issue of fact whether the alleged injuries resulted from a dangerous recurring condition of which defendant Cushman & Wakefield had actual or constructive notice.

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.

Decided May 11, 2004