Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment. In order for the defendant to establish its prima facie entitlement to judgment as a matter of law, it needed to submit evidence that it neither created the condition which allegedly caused the plaintiff to slip and fall, nor had actual or constructive notice of the allegedly dangerous condition (see Bosman v Reckson FS Ltd. Partnership...
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