Brennan v Kandon, LLC

Holding The court modified the lower court’s order to reinstate the plaintiff’s claim that defendants failed to maintain the premises in a reasonably safe condition, as defendants failed to establish they did not create the dangerous condition. However, the dismissal of the claim that defendants were negligent in failing to warn of the dangerous condition was affirmed.

The court’s words

defendants failed to meet that burden inasmuch as they failed to establish that they did not create the allegedly dangerous condition by negligently mopping the area and leaving excess water on the floor

2026 NY Slip Op 04685, at the official text

Failure to warn of an alleged hazard is a separate and distinct theory of liability from the failure to maintain premises in a reasonably safe condition

2026 NY Slip Op 04685, at the official text