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CONNELLY v. SHOP RITE SUPERMARKETS, INC.

38 A.D.3d 588 (2007)

830 N.Y.S.2d 670

JON CONNELLY, Appellant, v. SHOP RITE SUPERMARKETS, INC., et al., Defendants, and MASON AVENUE HOLDING, Respondent.

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

Decided March 13, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Mason Avenue Holding (hereinafter Mason) made a prima facie showing of its entitlement to judgment as a matter of law by demonstrating that it did not create the alleged icy condition which caused the plaintiff to slip and fall, that it did not have actual or constructive notice of that particular condition, and that it did not have actual notice of a recurring dangerous condition...

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