In a premises liability case, the defendant-property owner, or a party in possession or control of the property, who moves for summary judgment has the initial burden of making a prima facie showing that it neither created the alleged defective condition nor had actual or constructive notice of it. A defendant has constructive notice of a defect when it is visible and apparent, and has existed for a sufficient length of time before the accident such that it could have been discovered and corrected. In order to meet its initial burden on the issue of lack of constructive notice, the defendant must offer evidence as to when the accident site was last cleaned or inspected prior to the accident.
Cosme v. New York City Dept. of Educ., NY Slip Op 06026 (2d Dep't November 22, 2023)
