Batista v Allerton Ave Estates, LLC

Holding The defendants failed to demonstrate their prima facie entitlement to summary judgment because they did not eliminate triable issues of fact regarding whether the icy condition resulted from a prior storm or if the defendants had constructive notice of the pre-existing condition. Consequently, the lower court’s order granting summary judgment dismissing the complaint was reversed.

The court’s words

failed to eliminate triable issues of fact as to whether the slippery condition upon which the plaintiff fell was the result of a prior storm

2026 NY Slip Op 05265, at the official text

whether the defendants had constructive notice of the pre-existing condition

2026 NY Slip Op 05265, at the official text

the Supreme Court should have denied their motion for summary judgment dismissing the complaint without regard to the sufficiency of the opposition papers

2026 NY Slip Op 05265, at the official text