Rodriguez v. Binghamton Housing Authority

To prevail on its motion for summary judgment, defendant was required to establish that it maintained its property in a reasonably safe condition and, further, that it neither created the dangerous condition that caused plaintiff’s fall nor had actual or constructive notice thereof (see Fallon v Duffy, 95 AD3d 1416, 1416-1417 [2012]; Carpenter v J. Giardino, LLC, 81 AD3d 1231, 1231 [2011], lv denied 17 NY3d 710 [2011]; Stewart v Canton-Potsdam Hosp. Found., Inc., 79 AD3d 1406, 1406 [2010]). Plaintiff concedes in her brief that defendant did not have actual notice and, despite a conclusory…