The following excerpt is from Credell v. City of New York, 2010 NY Slip Op 31338(U) (N.Y. Sup. Ct. 5/27/2010), 2010 NY Slip Op 31338 (N.Y. Sup. Ct. 2010):
Liability based on constructive notice may only be imposed where a defect is visible and apparent and has existed for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it. Moreover, there is no per se rule with regard to the dimensions of a defect that will give rise to liability, and the issue of whether a dangerous or defective condition exists which is sufficiently hazardous to create liability is generally a question of fact, to be resolved by a jury, on the facts particular to the case [internal quotation marks and citations omitted].
Alexander v. New York City Transit, 34 AD3d 312, 313 (1st Dept 2006).
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