In Abrams v. Berelson (94 AD3d 782, 942 N.Y.S.2d 132 [2012]), the defendant hired the plaintiff to clean the carpets of a house which had been owned by defendant's deceased mother. The defendant had told plaintiff and his co-worker that anything they found in the house could be kept by them, discarded as trash or donated to charity. In the course of the work, the plaintiff's co-worker found a loaded rifle in one of the closets and accidentally shot the plaintiff. The defendant moved for summary judgment and submitted an affidavit which stated that she did not know that there was a rifle in her mother's house. The Abrams case contained an issue regarding the propriety of renewal of a motion. The original determination of Supreme Court was that the defendant had met her prima facie burden that she had neither actual nor constructive notice of the gun's presence in the house. Nine years after that determination, the plaintiff moved for renewal on the ground that he had just located the co-worker who had shot him. The co-worker submitted an affidavit saying, essentially, that the rifle was in plain sight in a closet. In reversing Supreme Court's grant of renewal by a three to two vote, the Appellate Division, Second Department stated, "although the presence of a loaded gun may constitute a dangerous condition, under the circumstances of this case, the mere presence of a gun in the defendant's house was not sufficient, as a matter of law, the defendant's liability founded on the presence of a dangerous condition, absent proof that the defendant had actual or constructive knowledge that the gun was loaded (see Yusko v. Remizon, 280 App. Div. 637, 639, 116 N.Y.S.2d 922 1952; Napiearlski v. Pickering, 278 App. Div. 456, 457-458, 106 N.Y.S.2d 28 1951)" (Id. at 785). The dissent stated that the co-worker's secreting himself provided an adequate basis to support renewal and stated that the defendant, assuming a trier of fact believed that she knew of the rifle's presence, had a duty to ascertain whether the rifle was loaded before she invited the workers into the house to clean it out (Id. at 786-794).