| DeLeon v Westhab, Inc. |
| 2009 NY Slip Op 02316 [60 AD3d 888] |
| March 24, 2009 |
| Appellate Division, Second Department |
| Romana DeLeon, Respondent, v Westhab, Inc.,Appellant. |
—[*1] Ronemus & Vilensky, LLP, New York, N.Y. (Robin Mary Heaney of counsel), forrespondent.
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Westchester County (Liebowitz, J.), dated May 6, 2008, which denied itsmotion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant's motion isgranted.
A defendant who moves for summary judgment in a slip-and-fall action has the initialburden of demonstrating that it neither created the hazardous condition nor had actual orconstructive notice of its existence for a sufficient length of time to discover and remedy it(see Sloane v Costco Wholesale Corp., 49 AD3d 522 [2008]; Frazier v City of NewYork, 47 AD3d 757, 758 [2008]). Here, the defendant met this burden by submittingevidence that the alleged hazardous condition on the subject stairs had not been created by itsemployees, and that it had neither actual nor constructive notice of it (see Costello vZaidman, 58 AD3d 593 [2009]; Cunningham v Bay Shore Middle School, 55 AD3d778, 779 [2008]). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly,the defendant's motion for summary judgment should have been granted. Prudenti, P.J., Skelos,Dillon and Eng, JJ., concur.