In Moore v. 793-797 Garden St. Hous. Dev. Corp.46 A.D.3d 382, 847 N.Y.S.2d 574 [1st Dept 2007] the court held that the defendants failed to establish a lack of notice as a matter of law absent the testimony of employees who were regularly at the property and dealt with complaints, as those employees could have testified as to the lack of complaints about the defective condition of premises and when it was last inspected or repaired.