The defendant-movant 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 also may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of his injury without engaging in speculation.
Bayer v. Savan Hospitality Corp., NY Slip Op 02096 (2d Dep't April 26, 2023)
