| Goldenfeld v Euro Comfort Furniture, Inc. |
| 2008 NY Slip Op 01302 [48 AD3d 515] |
| February 13, 2008 |
| Appellate Division, Second Department |
| Anatoly Goldenfeld, Respondent, v Euro ComfortFurniture, Inc., Appellant, et al., Defendant. |
—[*1] Bamundo, Zwal & Schermerhorn, LLP, New York, N.Y. (Bartholomew T. Russo and BenBartolotta of counsel), for respondent.
In an action to recover damages for personal injuries, the defendant Euro Comfort Furniture,Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, KingsCounty (Kramer, J.), dated January 26, 2007, as denied that branch of its motion which was forsummary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed insofar as appealed from, with costs.
In a premises liability case, a defendant moving for summary judgment has the initial burdenof establishing that it did not create the defective condition or have actual or constructive noticeof its existence for a sufficient length of time to discover and remedy it (see Solomon v Loszynski, 21 AD3d366, 366-367 [2005]; McKeon v Town of Oyster Bay, 292 AD2d 574, 575 [2002];Abrams v Powerhouse Gym Merrick, 284 AD2d 487 [2001]). Only after the defendanthas satisfied this threshold burden will the court examine the sufficiency of the plaintiff'sopposition (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]; Sheehan v J.J. Stevens & Co., Inc., 39AD3d 622, 622-623 [2007]; Joachim v 1824 Church Ave., Inc., 12 AD3d 409, 410 [2004]).Here, the defendant Euro Comfort Furniture, Inc. (hereinafter Euro), failed to submit evidencesufficient to establish, prima facie, that the area by the accident site was adequately lit (see Kempter v Horton, 33 AD3d868, 869 [2006]; Miner v NorthportYacht Club, 15 AD3d 362 [2005]), and was otherwise in a safe condition on the day ofthe accident. Since Euro [*2]failed to meet its initial burden ofestablishing that it did not create a defective condition, we need not review the sufficiency of theplaintiff's opposition. Skelos, J.P., Fisher, Dillon and McCarthy, JJ., concur.