In order to be entitled to summary judgment in a premises liability case, the defendant is required to show, prima facie, that it maintained its premises in a reasonably safe condition and that it did not have notice of or create a dangerous condition that posed a foreseeable risk of injury to persons expected to be on the premises. Whether there is a dangerous or defective condition so as to create liability depends on the peculiar facts and circumstances of each case and generally is a question of fact for the jury.
De La Cruz v. NJE Enters., Inc., NY Slip Op 05247 (2d Dep't October 18, 2023)
