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PRUSAK v. NEW YORK CITY HOUSING AUTHORITY

43 A.D.3d 1022 (2007)

841 N.Y.S.2d 455

ANDREJ PRUSAK, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff-Respondent. XAREN CORPORATION, Third-Party Defendant-Respondent.

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

Decided September 18, 2007.

Ordered that the order is affirmed insofar as appealed from, with one bill of 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 Rodriguez v White Plains Pub. Schools, 35 A.D.3d 704

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