Practice point: To meet its initial burden on the issue of lack of constructive notice in a slip and fall action, a defendant must offer some evidence as to when the area in question was last cleaned or inspected relative to the time when the plaintiff fell.
Practitioners should note that defendant must offer more than deposition testimony referring to the typical cleaning regimen.
Case: Birnbaum v. New York Racing Assn., Inc., NY Slip Op 09741 (2d Dept. 2008)
The opinion is here.
Tomorrow's issue: Statute of limitations.
