DAVRANOV v. 470 REALTY ASSOCIATES, LLC

2009-08389.

79 A.D.3d 697 (2010)

911 N.Y.S.2d 912

ARTHUR DAVRANOV, Appellant, v. 470 REALTY ASSOCIATES, LLC, Respondent.

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

Decided December 7, 2010.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

In a slip-and-fall case, a 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 Edwards v Great Atl. & Pac. Tea Co...

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