In Vasquez v. Urbahn Ass. Inc., 79 AD3d 493 (1st Dep't 2010), the court stated that: "since a fact issue existed as to whether the corporation and the LLC had prior notice that the stairs were defective and thus a question as to whether it was foreseeable that they could fail or collapse, summary judgment in their favor with respect to the common law negligence and Labor Law 200 claim was properly denied."