McPHAUL v. MUTUAL OF AMERICA LIFE INSURANCE COMPANY

2010-01966.

81 A.D.3d 609 (2011)

915 N.Y.S.2d 870

SHERWOOD McPHAUL, Respondent, v. MUTUAL OF AMERICA LIFE INSURANCE COMPANY, Appellant.

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

Decided February 24, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the defendant, Mutual of America Life Insurance Company (hereinafter the owner), which owned the premises where the accident occurred, for summary judgment dismissing the complaint. A property owner who moves for summary judgment in a slip-and-fall case has the initial burden of demonstrating prima facie that it neither created the hazardous condition nor had actual or...

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