HALPERN v. COSTCO WAREHOUSE/COSTCO WHOLESALE

2011-04258.

95 A.D.3d 828 (2012)

943 N.Y.S.2d 567

2012 NY Slip Op 3407

DALE HALPERN et al., Appellants, v. COSTCO WAREHOUSE/COSTCO WHOLESALE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the alleged hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Kokin v Key Food Supermarket...

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