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 allegedly dangerous or defective condition nor had actual or constructive notice of it. The defendant can also meet the burden by demonstrating, prima facie, that the plaintiff cannot identify the cause of the accident.
Burke v. Umbaca, NY Slip Op 05132 (2d Dep't July 11, 2018)
Here is the decision.
