HENDRICKS v. 691 EIGHTH AVE. CORP.


226 A.D.2d 192 (1996)

640 N.Y.S.2d 525

Lawrence Hendricks, Appellant, v. 691 Eighth Avenue Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1996


The affidavits of defendants' employees that they did not observe any liquid on the stairs of their store leading to the basement, or receive any complaints about the stairs on the day in question, and indeed were not even aware of the incident until receipt of letter from plaintiff's attorney some five months later, were sufficient to establish defendants' prima facie entitlement to judgment as a matter of law, shifting the burden to plaintiff to submit evidentiary proof...

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