| Braudy v Best Buy Co., Inc. |
| 2009 NY Slip Op 05499 [63 AD3d 1092] |
| June 30, 2009 |
| Appellate Division, Second Department |
| Hansi Braudy, Respondent, v Best Buy Co., Inc.,Appellant. |
—[*1] David S. Klausner, PLLC, White Plains, N.Y., for respondent.
In an action to recover damages for personal injuries, the defendant appeals from an order ofthe Supreme Court, Westchester County (Smith, J.), dated July 10, 2008, which denied itsmotion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly was injured when she fell in the defendant's store. The defendantmoved for summary judgment dismissing the complaint. The Supreme Court denied thedefendant's motion. We affirm.
"A defendant who moves for summary judgment in a slip-and-fall case has the initial burdenof making a prima facie showing 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"(Curtis v Dayton Beach Park No. 1 Corp., 23 AD3d 511, 512 [2005]). "To meet its initialburden on the issue of lack of constructive notice, the defendant must offer some evidence as towhen the area in question was last cleaned or inspected relative to the time when the plaintifffell" (Birnbaum v New York Racing Assn., Inc., 57 AD3d 598, 598-599 [2008]). Sincethe defendant failed to do so here, the Supreme Court correctly denied the defendant's motionwithout regard to the sufficiency of the plaintiff's opposition papers (see Winegrad v NewYork Univ. Med. Ctr., 64 NY2d 851, 852 [1985]). Spolzino, J.P., Angiolillo, Chambers andHall, JJ., concur.