Babb v. Marshalls of MA, Inc.
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), entered July 2, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.
In a slip-and-fall accident, a defendant moving for summary judgment has the initial burden of making a prima facie showing that it neither created the allegedly hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Crapanzano v Balkon Realty Co., 68 AD3d 1042, 1042-1043 [2009]; Perlongo v
Accordingly, the Supreme Court should have denied the defendants’ motion for summary judgment dismissing the complaint regardless of the sufficiency of the plaintiffs opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). In light of the foregoing, we need not reach the plaintiffs remaining contentions. Prudenti, P.J., Covello, Florio and Belen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.