POLAMINO v. PARADISE PAC. ENTERS. CORP.

158502/16. Appeal No. 12540. Case No. 2020-02512.

189 A.D.3d 449 (2020)

133 N.Y.S.3d 440

2020 NY Slip Op 07289

John A. Polamino, Appellant, v. Paradise Pacific Enterprises Corp., Respondent.

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

Decided December 3, 2020.


Attorney(s) appearing for the Case

Teperman & Teperman, PLLC, New York ( Jay S. Campbell of counsel), for appellant.

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.


Defendant met its prima facie burden by demonstrating that it did not have constructive notice of the piece of plastic on its sidewalk that caused plaintiff to trip and fall. Defendant submitted plaintiff's deposition testimony that he walked past the accident location about 20 minutes before he fell and did not see the plastic piece, and had no knowledge of its presence until after the accident (see Early v Hilton Hotels Corp., 73 A.D.3d 559

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