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LEBRON v. NAPA REALTY CORP.

65 A.D.3d 436 (2009)

884 N.Y.S.2d 37

HECTOR LEBRON, Respondent, v. NAPA REALTY CORP., Appellant.

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

Decided August 11, 2009.

Defendant failed to make a prima facie showing of entitlement to judgment as a matter of law. Since it did not offer any evidence to refute plaintiff's contention that a dangerous condition, namely ice, existed on the sidewalk outside the convenience store and gas station operated by defendant, defendant was required to establish that it did not create the condition or have actual or constructive notice of it (see Moser v BP...

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