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ALEXANDER v. RUM POINT TAVERN, INC.

62 A.D.3d 731 (2009)

877 N.Y.S.2d 915

JUSTIN ALEXANDER, Respondent, v. RUM POINT TAVERN, INC., Also Known as RHUMBLINE RESTAURANT et al., Appellants, et al., Defendant.

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

Decided May 12, 2009.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the appellants' contentions, they failed to satisfy their burden of establishing, prima facie, that the complained-of condition was not defective, or that they had no notice of a defective condition (see Kucevic v Three Park Ave. Bldg. Co., L.P., 55 A.D.3d 792 [2008]; Kucera v Waldbaums Supermarkets, 304 A.D.2d 531<...

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