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

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1 No. 129 SSM 5

Danilio Santos, an infant, by his mother &c. Luisa Almanzar, Appellant, v. Baldwin-Endico Realty Associates, Respondent.

Submitted by Alexander J. Wulwick, for appellant.

Submitted by Erika L. Hartley, for respondent.

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 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]).

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Decided May 11, 2006