Tsekhanovskaya v. Starrett City, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*910In a trip-and-fall case, a defendant moving for summary judgment has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Leary v Leisure Glen Home Owners Assn., Inc., 82 AD3d 1169 [2011]; Pryzywalny v New York City Tr. Auth., 69 AD3d 598 [2010]). “To meet its initial burden on the issue of . . . constructive notice, the defendant must offer some evidence as to when the area in question was last cleaned or inspected relative to the…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Birnbaum v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2008
- Pryzywalny v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Braudy v. Best Buy Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Guo v. Quong Big Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- Davidson v. Steel EquitiesAppellate Division of the Supreme Court of the State of New York · 2016
- Barris v. One Beard Street, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Vazquez v. Gun Hill Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Campbell v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
9 more not listed; retrieve them via the Exa API.