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BAILLARGEON v. TUTTLE ROOFING CO., INC.

2011-04679.

92 A.D.3d 908 (2012)

938 N.Y.S.2d 907

2012 NY Slip Op 1581

ROGER BAILLARGEON et al., Respondents, v. TUTTLE ROOFING COMPANY, INC., Defendant, FORT-CICA/ROOFING & GENERAL CONTRACTORS, INC., Appellant.

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

Decided February 28, 2012.

Ordered that the order is affirmed, without costs or disbursements.

The appellant failed to establish its prima facie entitlement to judgment as a matter of law by tendering sufficient evidence to demonstrate that it did not cause or create the dangerous condition that allegedly caused the injured plaintiff to slip and fall (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986],; Zuckerman v City of New York,

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