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RODRIGUEZ, JR. v. WHITE PLAINS PUBLIC SCHOOLS

35 A.D.3d 704 (2006)

826 N.Y.S.2d 425

VICTOR RODRIGUEZ, JR., et al., Appellants, v. WHITE PLAINS PUBLIC SCHOOLS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.

Ordered that the order is affirmed, with costs.

A landowner has a duty to maintain its premises in a reasonably safe condition (see Basso v Miller, 40 N.Y.2d 233 [1976]). A defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time...

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