A defendant has constructive notice of a hazardous condition on property when the condition is visible and apparent, and has existed for a sufficient length of time prior to the accident so as to afford the defendant a reasonable opportunity to discover and remedy it. To meet its burden on the issue of constructive notice, the defendant must offer evidence as to when the accident site was last inspected relative to the time when the plaintiff fell.
Ferrer v. 120 Union Ave., LLC, NY Slip Op 03096 (2d Dep't May 11 2022)
