Summary judgment in a slip-and-fall action.

The defendant has the burden of demonstrating, prima facie, that it did not create the alleged dangerous condition, or have actual or constructive notice of it for a sufficient length of time to discover and remedy it. A property owner who has actual knowledge of an ongoing and recurring dangerous condition can be charged with constructive notice of each specific reoccurrence of the condition. A question of fact regarding a recurrent dangerous condition can be established by offering evidence that an ongoing and recurring dangerous condition existed in the area of the accident which was routinely left unaddressed.

Darbinyan v. 1806 Ocean Realty, LLC, NY Slip Op 04290 (2d Dep't July 29, 2020)

Here is the decision.