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BIRNBAUM v. NEW YORK RACING ASSOCIATION, INC.

57 A.D.3d 598 (2008)

869 N.Y.S.2d 222

MARION BIRNBAUM, Appellant, v. NEW YORK RACING ASSOCIATION, INC., Respondent.

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

December 9, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

"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" (Yioves v T.J. Maxx, Inc.,

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