ARCABASCIO v. WE'RE ASSOC., INC.

2013-06265, Index No. 4549/10.

125 A.D.3d 904 (2015)

ANTHONY ARCABASCIO, Appellant, v. WE'RE ASSOCIATES, INC., Also Known as THE WE'RE GROUP, et al., Respondents.

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

Decided February 25, 2015.


Ordered that the order is reversed, on the law, with one bill of costs payable by the defendants appearing separately and filing separate briefs, and the defendants' separate motions for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

In a slip-and-fall case, a defendant moving for summary judgment has the initial burden of making a prima facie showing that it did not create the condition on which the plaintiff slipped...

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