Sut v. City Cinemas Corp.Sut v. City Cinemas Corp.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment is denied.
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 alleged hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it (see Gordon v American Museum of Natural History, 67 NY2d 836, 837 [1986]; Gam v Pomona Professional Condominium, 291 AD2d 372 [2002]; DeVivo v Sparago, 287 AD2d 535 [2001]). Here, the defendants failed to establish, prima facie, that their snow removal activities did not create or exacerbate the icy condition which allegedly caused the plaintiff to fall (see Robles v City of New York, 56 AD3d 647, 648 [2008]; Artis v City of New York, 24 AD3d 477, 478 [2005]). Since the defendants failed to satisfy their burden of proof, it is unnecessary to analyze the sufficiency of the plaintiff‘s opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]). Rivera, J.P., Santucci, Eng and Chambers, JJ., concur.