McLean v Nelson

Holding The Appellate Division reversed the lower court’s grant of summary judgment because the defendants failed to establish that they lacked actual or constructive notice of the hazardous condition. Additionally, the defendants did not demonstrate that the condition was open and obvious or not inherently dangerous as a matter of law.

The court’s words

a defendant property owner moving for summary judgment has the burden of making a prima facie showing that it neither (1) affirmatively created the hazardous condition nor (2) had actual or constructive notice of the condition

2026 NY Slip Op 06108, at the official text

the defendants did not establish, prima facie, that they had no actual or constructive notice of the alleged hazardous condition

2026 NY Slip Op 06108, at the official text

they failed to establish, prima facie, or even argue to the Supreme Court, that they had no actual or constructive notice of the tool on the floor

2026 NY Slip Op 06108, at the official text

they also failed to establish, prima facie, that there were no triable issues of fact as to whether the alleged condition was open and obvious

2026 NY Slip Op 06108, at the official text