Rivera v Thomas

Holding The Appellate Division affirmed the denial of the defendant’s motion for summary judgment because the defendant failed to make a prima facie showing that the plaintiff could not identify the cause of her fall or that the defendant lacked notice of the hazardous condition. The court also held that the defendant’s argument regarding the triviality of the condition was improperly raised for the first time on appeal.

The court’s words

the defendant failed to establish, prima facie, that the plaintiff could not identify what caused her to fall

2026 NY Slip Op 05818, at the official text

the defendant also failed to establish, prima facie, that he maintained the property in a reasonably safe condition

2026 NY Slip Op 05818, at the official text

the condition of the driveway was trivial and thus not actionable is improperly raised for the first time on appeal

2026 NY Slip Op 05818, at the official text