The prima facie showing required of the defendant is determined by plaintiff's allegations of liability. If the complaint does not allege, and the opposition to the motion does not argue, a recurring condition at the site of the accident, the defendant does not have to make a showing as to lack of a recurring condition.
Bader v. River Edge at Hastings Owners Corp., NY Slip Op 01588 (2d Dep't March 14, 2018)
Here is the decision.
