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CURTIS v. DAYTON BEACH PARK NO. 1 CORP.

23 A.D.3d 511 (2005)

806 N.Y.S.2d 664

LOUVINIA CURTIS, Appellant, v. DAYTON BEACH PARK NO. 1 CORP. et al., Respondents.

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

November 21, 2005.

Ordered that 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 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 (see Britto v Great Atl. & Pac. Tea Co., Inc., 21 A.D.3d 436 [2005...

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