Defendant Failed to Demonstrate Lack of Constructive Notice of Condition; Did Not Present Evidence of Last Inspection of Area Where Slip and Fall Occurred

In a slip and fall case, the Second Department noted defendants’ failure to demonstrate when the area where the fall occurred had last been inspected:

By failing to demonstrate when the area where the plaintiff fell was last inspected in relation to the accident, the defendants failed to make a prima facie showing that they lacked constructive notice of the allegedly dangerous condition described by the plaintiff … . Further, the defendants, by merely pointing to gaps in the plaintiff’s proof, rather than affirmatively demonstrating the merit of their defense, failed to carry their burden as movants seeking summary judgment on the issue of whether the condition complained of did in fact constitute a defect… . Griffin v JK Chopra Holding LLC, 2013 NY Slip Op 07448, 2nd Dept 11-13-13