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PETTY v. HARRAN TRANSPORTATION CO., INC.

300 A.D.2d 290 (2002)

750 N.Y.S.2d 773

JAMES R. PETTY et al., Appellants, v. HARRAN TRANSPORTATION CO., INC., Respondent.

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

Decided December 2, 2002.

Ordered that the order is affirmed, with costs.

The defendant in this slip-and-fall case succeeded in establishing its prima facie entitlement to judgment as a matter of law by offering sufficient evidence demonstrating the absence of any triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the defendant had constructive notice...

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