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MARY BRIGGS, plf-ap, v. PICK QUICK FOODS, INC., def-res

9310. MARY BRIGGS, plf-ap, v. PICK QUICK FOODS, INC., def-res — Budin, Reisman, Kupferberg & Bernstein, LLP, New York (Gregory C. McMahon of counsel), for ap — Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset (Anton Piotroski of counsel), for res — Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 15, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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9310. MARY BRIGGS, plf-ap, v. PICK QUICK FOODS, INC., def-res — Budin, Reisman, Kupferberg & Bernstein, LLP, New York (Gregory C. McMahon of counsel), for ap — Hammill, O’Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset (Anton Piotroski of counsel), for res — Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered November 15, 2011, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

“A defendant who moves for summary judgment in a slip-and-fall action has the initial burden of making a prima facie demonstration that it neither created the hazardous condition, nor had actual or constructive notice of its existence” (Smith v. Costco Wholesale Corp., 50 AD3d 499, 500 [1st Dept 2008]). Upon such showing, the burden shifts to the party opposing the motion “to raise a triable issue of fact as to the creation of the defect or notice thereof” (Rodriguez v. 705-7 E. 179th St. Hous. Dev. Fund Corp., 79 AD3d 518, 519 [1st Dept 2010]).

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