Judges: Malone
Filed Date: 2/10/2011
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Supreme Court (Hall, J.), entered December 1, 2009 in Saratoga County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff commenced this action to recover damages for injuries that she sustained after she stumbled and fell in the vicinity of mosaic tiles on the floor located in the entrance to a building owned and operated by defendant. After discovery, defendant unsuccessfully moved for summary judgment dismissing the complaint. This appeal ensued, and we affirm.
To satisfy its initial burden on the summary judgment motion, defendant was required to demonstrate, as a matter of law, “that [it] maintained the property in question in a reasonably safe condition and that [it] neither created the allegedly dangerous condition existing thereon nor had actual or constructive
To the extent not specifically addressed, defendant’s remaining contentions have been considered and found to be without merit.
Stein, McCarthy and Egan Jr., JJ., concur; Cardona, P.J., not taking part. Ordered that the order is affirmed, with costs.