Practice point: The Appellate Division reversed, and reinstated this premises liability claim. Although defendant presented evidence that it neither created nor had actual notice of the alleged condition, it failed to demonstrate that it did not have constructive notice of the condition, as defendant failed to tender any evidence establishing when the accident area was inspected and cleaned prior to the accident.
Student note: In a premises liability case, a defendant property owner who moves for summary judgment has the
initial burden of making a prima facie showing that it neither created
the hazardous condition nor had actual or constructive notice of the condition.
Case: Beri v. Chung Fat Supermarket, Inc., NY Slip Op 00837 (2d Dept. 2015)
Here is the decision.
Friday's issue: A motion to change venue denied.
