Practice point: A defendant property owner who moves for summary judgment in a premises
liability case has the initial burden of making a prima facie showing
that he or she neither created the hazardous condition nor had actual or
constructive notice of its existence.
Student note: A defendant has constructive notice of a hazardous condition on
property when the condition is visible and apparent, and has existed for
a length of time sufficient to afford the defendant a reasonable
opportunity to discover and remedy it.
Case: Gebert v. Catalano, NY Slip Op 06833 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Labor Law § 241[6].
