ALSTON v. STARRETT CITY ASSOCIATES

2009-05381

72 A.D.3d 711 (2010)

898 N.Y.S.2d 859

HELEN ALSTON, Respondent, v. STARRETT CITY ASSOCIATES et al., Appellants.

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

Decided April 13, 2010.


Ordered that the order is affirmed, with costs.

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 did not create the condition on which the plaintiff slipped, and did not have actual or constructive notice of that condition (see Birnbaum v New York Racing Assn., Inc., 57 A.D.3d 598 [2008]; Soto...

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