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POLLINA v. OAKLAND'S RESTAURANT, INC.

2011-04277.

95 A.D.3d 1190 (2012)

945 N.Y.S.2d 134

2012 NY Slip Op 3991

ELIZABETH POLLINA, Respondent, v. OAKLAND'S RESTAURANT, INC., et al., Appellants.

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

Decided May 23, 2012.

Ordered the order is affirmed insofar as appealed from, with costs.

"`A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie case showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it'" (Bruk v Razag, Inc., 60 A.D.3d 715

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