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MOLLOY v. WALDBAUM, INC.

2009-06245

72 A.D.3d 659 (2010)

897 N.Y.S.2d 653

EDWARD MOLLOY et al., Respondents, v. WALDBAUM, INC., Appellant.

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

Decided April 6, 2010.

Ordered that the order is affirmed, with costs.

To demonstrate its entitlement to summary judgment in a slip-and-fall case, a defendant must establish, prima facie, that it did not create the condition that allegedly caused the fall, and did not have actual or constructive notice of that condition for a sufficient length of time to remedy it (see Gregg v Key Food Supermarket, 50 A.D.3d 1093<...

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