Practice point: In moving to dismiss on this basis, a defendant must make a prima facie showing that the defect is physically insignificant, and that the characteristics of the defect or the surrounding circumstances do not increase the risk it poses.
Student note: On a sufficient showing, the burden shifts to the plaintiff to establish an issue of fact.
Case: Chojnacki v. Old Westbury Gardens, Inc., NY Slip Op 05706 (2d Dep't July 19, 2017)
Here is the decision.
Tomorrow's issue: A religious corporation's sale of real property.
