Tsekhanovskaya v. Starrett City, Inc.
Opinion of the Court
Here, the defendants failed to establish, prima facie, that they did not have constructive notice of the alleged dangerous condition, as they failed to proffer evidence demonstrating that the condition existed for an insufficient amount of time for them to discover and remedy it (id.; see Catanzaro v King Kullen Grocery Co., 194 AD2d 584 [1993]). Since the defendants failed to meet their initial burden as the movants, we need not review the sufficiency of the plaintiffs opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]), and thus the defendants’ motion for summary judgment dismissing the complaint should have been denied. Skelos, J.E, Belen, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.