PETERSEL v. GOOD SAMARITAN HOSP. OF SUFFERN, N.Y.

2011-10255.

99 A.D.3d 880 (2012)

951 N.Y.S.2d 917

2012 NY Slip Op 6933

FRAN PETERSEL, Appellant, v. GOOD SAMARITAN HOSPITAL OF SUFFERN, N.Y., Respondent.

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

October 17, 2012.


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

A defendant moving for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Gordon v American Museum of Natural...

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