The movant-defendant has the initial burden of establishing, prima facie, that it neither created the alleged hazardous condition nor had actual or constructive notice of it. Here, in support of its motion, the defendant submitted transcripts of the deposition testimony of the plaintiff and of an employee of the defendant. The plaintiff testified that she slipped on something slimy and soapy on the floor of the restroom. The defendant's employee testified that she had recently mopped that floor with a diluted cleaning solution. Therefore, the defendant failed to establish, prima facie, that it did not create the alleged hazardous condition. Since the defendant did not establish its prima facie entitlement to judgment as a matter of law, the burden never shifted to the plaintiff to submit evidence sufficient to raise a triable issue of fact.
Bianchini v. Genting N.Y., LLC, NY Slip Op 04891 (2d Dep't August 10, 2022)
