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BERI v. CHUNG FAT SUPERMARKET, INC.

2014-07404, Index No. 19605/12.

125 A.D.3d 587 (2015)

999 N.Y.S.2d 748

CHANDER BERI, Appellant, v. CHUNG FAT SUPERMARKET, INC., Respondent.

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

Decided February 4, 2015.

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 premises liability case, a defendant property owner who moves for summary judgment 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 (see Minor v 1265 Morrison, LLC, 96 A.D.3d 1024

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