Useful Practice Tips : Helpful Summary Judgment Reminders

In Martinez v. Hunts Point Coop. Mkt., Inc., the First Department offers the following, helpful summary judgment reminders: (1) when moving for summary judgment the defendant is not required to prove a negative issue as to which he does not bear the burden of proof - for example, a defendant is not required to prove lack of notice where the plaintiff has not pointed to any evidence of notice; (2) hearsay cannot be the sole basis for denying summary judgment (citing DiGiantomasso v. City of New York, 55 AD3d 502, 503 [2008]); and (3) with respect to constructive notice, the mere observation of a condition is not enough, as the particular defect must have been visible and apparent (citing Hayes v. Riverbend Hous. Co., Inc., 40 AD3d 500 [2007]).