Then v Meridian Realty Inc.

Holding The appellate court reversed the summary judgment granted to the property owners because they failed to eliminate issues of fact regarding the plaintiff’s ability to identify the cause of her fall and the existence of constructive notice. The court affirmed the dismissal against a different defendant based on the plaintiff’s testimony that the accident occurred elsewhere.

The court’s words

L & L and Meridian did not establish prima facie that plaintiff could not identify the cause of her fall without resorting to speculation

2026 NY Slip Op 06566, at the official text

a defendant may be liable for failing "to use reasonable care to discover and correct a condition which it ought to have found"

2026 NY Slip Op 06566, at the official text

we cannot say that a reasonable jury could not determine, based on the photos that allegedly depict the condition involved in plaintiff's accident, that the defect was one that Meridian's field manager would and should have discovered through the exercise of reasonable care

2026 NY Slip Op 06566, at the official text