Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered July 9, 2002, which, in this action for personal injuries, granted the motion of defendants 700 W. 178th Street Associates (Associates), Burton Goldberg and Stonecrest Management, Inc. for summary judgment dismissing the
The record raises issues of fact concerning whether plaintiffs injuries resulted from a structural defect so as to constitute constructive notice to the landlord (see Johnson v Urena Serv. Ctr., 227 AD2d 325 [1996], lv denied 88 NY2d 814 [1996]; Lopez v 1372 Shakespeare Ave. Hous. Dev. Fund Corp., 299 AD2d 230, 231 [2002]). Plaintiffs deposition testimony that she slipped in water that had been leaking from an overhead sewer pipe onto the basement staircase for about IV2 months before the accident raises a factual question as to whether the defective condition was apparent and extant for a sufficient length of time prior to the accident that defendants’ employees should have discovered and corrected it (see Morrone v Chelnik Parking Corp., 268 AD2d 268, 269 [2000]). Amendment of plaintiffs bill of particulars was properly restricted to the alleged violation of Multiple Dwelling Law § 78 since the additional alleged statutory violations are inapposite to plaintiff’s claims. Concur— Buckley, EJ., Mazzarelli, Andrias, Sullivan and Marlow, JJ.