Practice point: Defendant did not refute plaintiffs' contention that the dangerous condition existed, and, therefore, had to establish that it did not create the condition or have notice of it.
Student note: Defendant failed to meet its burden with respect to notice when it proffered no affidavit or testimony based on personal knowledge as to when its employees last inspected the sidewalk, or the sidewalk's condition before the accident.
Case: Spector v. Cushman & Wakefield, Inc., NY Slip Op 06189 (1st Dept. 2011
Tomorrow’s issue: Disbarment.
