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EDWARDS v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.

2008-11139

71 A.D.3d 721 (2010)

895 N.Y.S.2d 723

JOANNE EDWARDS et al., Respondents, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Doing Business as WALDBAUMS, Appellant.

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

Decided March 9, 2010.

Ordered that the order is affirmed, with costs.

In a slip-and-fall case, the defendant moving for summary judgment has the burden of demonstrating, prima facie, that it did not create the alleged hazardous condition or have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Gregg v Key Food Supermarket, 50 A.D.3d 1093 [2008]; Perlongo v Park City 3 & 4...

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