Strowman v. Great Atlantic & Pacific Tea Co.

Generally, in the face of proof that the area in which plaintiff fell had been swept within five or ten minutes of the accident, evidence that the banana peel on which plaintiff allegedly slipped and fell was “crushed and dirty” would be insufficient, by itself, to show that defendant had constructive notice of a dangerous condition (see, Maiorano v Price Chopper Operating Co., 221 AD2d 698). However, we need not reach the sufficiency of plaintiffs prima facie case on this motion for summary judgment by defendant, which, as the proponent of a motion for summary judgment, “ ‘must make a prima…