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SHEEHAN v. J.J. STEVENS & CO., INC.

39 A.D.3d 622 (2007)

833 N.Y.S.2d 237

LAURAINE SHEEHAN et al., Appellants, v. J.J. STEVENS & CO., INC., Respondent.

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

Decided April 10, 2007.

Ordered that the order is affirmed, with costs.

A defendant property owner who moves for summary judgment in a premises liability case has the initial burden of establishing, prima facie, that it neither created the defective condition nor had actual or constructive notice of the condition for a sufficient length of time to discover and remedy it (see Solomon v Loszynski, 21 A.D.3d 366 [2005]; McKeon v Town of Oyster Bay...

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