Velasquez v 88 Cypress, LLC

Holding The Appellate Division reversed the lower court’s grant of summary judgment because the defendant failed to make a prima facie showing that the alleged sidewalk defect was trivial or that it lacked constructive notice. The court found the defendant’s expert affidavit insufficient because the inspection occurred more than three years after the accident without proof the condition remained unchanged.

The court’s words

The defendant's expert's affidavit was insufficient to establish that no actionable defect existed at the time of the accident

2026 NY Slip Op 06346, at the official text

the expert's opinions were based upon an inspection that occurred more than three years after the accident

2026 NY Slip Op 06346, at the official text

there was no showing that the area measured and examined by the expert was in the same condition as it was on the date of the accident

2026 NY Slip Op 06346, at the official text