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GOLDENFELD v. EURO COMFORT FURNITURE, INC.

48 A.D.3d 515 (2008)

852 N.Y.S.2d 254

ANATOLY GOLDENFELD, Respondent, v. EURO COMFORT FURNITURE, INC., Appellant, et al., Defendant.

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

Decided February 13, 2008.

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

In a premises liability case, a defendant moving for summary judgment has the initial burden of establishing that it did not create the defective condition or have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Solomon v Loszynski, 21 A.D.3d 366

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