ZERILLI v. WESTERN BEEF RETAIL, INC.

2009-00611

72 A.D.3d 681 (2010)

898 N.Y.S.2d 614

FRANK ZERILLI et al., Appellants, v. WESTERN BEEF RETAIL, INC., Respondent.

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

Decided April 6, 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 Perlongo v Park City 3 & 4 Apts., Inc., 31 A.D.3d 409 [2006]; Murphy v Lawrence...

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