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RUIZ v. STOP 1 GOURMET DELI

11841. 150224/15.

185 A.D.3d 496 (2020)

125 N.Y.S.3d 549

2020 NY Slip Op 04000

Myra Ruiz, Appellant, v. Stop 1 Gourmet Deli et al., Respondents.

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

Decided July 16, 2020.

Defendant (Stop 1) did not meet its initial burden of demonstrating "that it neither created the hazardous condition, nor had actual or constructive notice of its existence" (Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500 [1st Dept 2008]), as it made no specific, affirmative showing that it did not have actual or constructive notice of the hazardous condition. Defendants failed to establish their prima facie entitlement to summary...

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