| Petersel v Good Samaritan Hosp. of Suffern, N.Y. |
| 2012 NY Slip Op 06933 [99 AD3d 880] |
| October 17, 2012 |
| Appellate Division, Second Department |
| Fran Petersel, Appellant, v Good Samaritan Hospital ofSuffern, N.Y., Respondent. |
—[*1] Geisler Gabriele & Marano, LLP, Garden City, N.Y. (Lori A. Marano and Anthony M.Soscia, Jr., of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Rockland County (Jamieson, J.), dated October 4, 2011, which granted thedefendant's motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendant's motion forsummary judgment dismissing the complaint is denied.
A defendant moving for summary judgment in a slip-and-fall case has the initial burden ofmaking 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(see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]; Johnson v Culinary Inst. of Am., 95AD3d 1077, 1078 [2012]; Amendola v City of New York, 89 AD3d 775, 775 [2011]). "Tomeet its initial burden on the issue of lack of constructive notice, the defendant must offer someevidence as to when the area in question was last cleaned or inspected relative to the time whenthe plaintiff fell" (Birnbaum v NewYork Racing Assn., Inc., 57 AD3d 598, 598-599 [2008]; see Klerman v Fine Fare Supermarket,96 AD3d 907 [2012]).
Here, affording the plaintiff the benefit of every reasonable inference that can be drawn fromthe testimony, the defendant failed to establish, prima facie, that it did not have constructivenotice of the allegedly hazardous condition (see e.g. Armellino v Thomase, 72 AD3d 849, 850 [2010]; Secofv Greens Condominium, 158 AD2d 591, 593 [1990]).
The defendant's remaining contentions are without merit.
Accordingly, the Supreme Court should have denied the defendant's motion for summaryjudgment dismissing the complaint. Angiolillo, J.P., Dickerson, Belen and Miller, JJ., concur.