Dismissal will be denied whee the defendant fails to meet its initial burden of demonstrating that it did not create the defective condition. Here, in relying on the building superintendent's deposition testimony, the defendant pointed to gaps in the plaintiff's proof instead of carrying its own burden on the motion.
Harvey v. Henry 85 LLC, NY Slip Op 07210 (1st Dep't October 8, 2019)
Here is the decision.
