| Davranov v 470 Realty Assoc., LLC |
| 2010 NY Slip Op 09101 [79 AD3d 697] |
| December 7, 2010 |
| Appellate Division, Second Department |
| Arthur Davranov, Appellant, v 470 Realty Associates, LLC,Respondent. |
—[*1] Thomas D. Hughes, New York, N.Y. (Richard C. Rubinstein of counsel), forrespondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of theSupreme Court, Kings County (Knipel, J.), dated July 15, 2009, which granted the defendant's motionfor summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summaryjudgment dismissing the complaint is denied.
In a slip-and-fall case, a defendant moving for summary judgment has the burden of demonstrating,prima facie, that it did not create the alleged hazardous condition or have actual or constructive noticeof its existence for a sufficient length of time to discover and remedy it (see Edwards v Great Atl. & Pac. Tea Co.,Inc., 71 AD3d 721 [2010]; Perlongo v Park City 3 & 4 Apts., Inc., 31 AD3d 409, 410 [2006]). Adefendant's burden cannot be satisfied merely by pointing to gaps in the plaintiff's case, as the defendantdid here (see Picart v Brookhaven CountryDay School, 37 AD3d 798, 799 [2007]). Since the defendant failed to satisfy its initial burdenof proof, it is unnecessary to analyze the sufficiency of the plaintiff's opposition papers (seeWinegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).
Accordingly, the Supreme Court should have denied the defendant's motion for summaryjudgment. Rivera, J.P., Dickerson, Lott and Roman, JJ., concur.