Cordova v. Union Turnpike Development Corp.

Summary

The plaintiff appealed an order granting summary judgment to defendants in a personal-injury action arising from a trip-and-fall caused by a hole in a sidewalk near a construction site. The Appellate Division reversed, holding that the defendants failed to meet their initial burden of showing the absence of triable issues concerning whether they created or had notice of the sidewalk defect.

Holdings

1. Summary judgment was improper because defendants failed to meet their initial burden of demonstrating the absence of triable issues of fact regarding whether they created or had actual or constructive notice of the defective sidewalk.
2. The court need not examine the sufficiency of the plaintiff's opposing papers when the moving defendants fail to meet their initial burden for summary judgment.

Questions Presented

1. Whether defendants were entitled to summary judgment based on their contention that they did not create or have actual or constructive notice of the defective sidewalk.
2. Whether the Supreme Court should have considered the sufficiency of the plaintiff's opposing papers after defendants failed to meet their initial summary-judgment burden.

Disposition

reversed