A plaintiff may recover in negligence for damages to property when the defendant's failure to maintain real property in a reasonably safe condition proximately caused the plaintiff's damages. A defendant- landowner moving for summary judgment has the burden of establishing, prima facie, that it did not create the alleged dangerous condition or have actual or constructive notice of its existence for a sufficient length of time to have discovered and remedied it. A defendant has constructive notice of a dangerous or defective condition when it is visible and apparent, and has existed for a sufficient length of time to afford the defendant a reasonable opportunity to discover and remedy it. When the defect is latent and would not be discoverable upon a reasonable inspection, constructive notice may not be imputed.
Huang v. Fort Greene Partnership Homes Condominium, NY Slip Op 03471 (2d Dep't June 26, 2024)
