The court correctly denied property defendants summary judgment dismissing the complaint because they failed to make a prima facie showing that they did not have constructive notice of the oily condition that caused plaintiff's accident (see generallyGordon v. American Museum of Natural History, 67 N.Y.2d 836, 501 N.Y.S.2d 646, 492 N.E.2d 774 [1986] ). The testimony of E & O's owner regarding E & O's general sidewalk maintenance procedures, by itself, was insufficient to satisfy their burden (seeSmith v. Montefiore Med. Ctr., 192 A.D.3d 609, 610, 146 N.Y.S.3d 28 [1st Dept. 2021] ; Clarkin v. In Line Rest. Corp., 148 A.D.3d 559, 560, 52 N.Y.S.3d 304 [1st Dept. 2017] ). Further, Sutton is not relieved of liability as a matter of law, as the record is unclear as to whether Sutton, as the property manager, had undertaken obligations with respect to the sidewalk that entirely displaced defendant C.S.’s statutory duty to maintain the sidewalk in a reasonably safe condition under Administrative Code of City of N.Y. § 7–210 (seeHealy v. 169 E. 69th St. Corp., 189 A.D.3d 680, 680–681, 139 N.Y.S.3d 163 [1st Dept. 2020] ; Abramson v. Eden Farm, Inc., 70 A.D.3d 514, 514, 894 N.Y.S.2d 429 [1st Dept. 2010] ).
The court properly denied Slazer and Bovis summary judgment dismissing the complaint as against them. Slazer and Bovis failed to make a prima facie showing that they lacked constructive notice of the plywood that allegedly caused plaintiff to trip and fall, as they did not submit any evidence establishing when they last inspected the sidewalk abutting their construction site prior to the accident (seeDakers v. BFP Tower C Co., LLC, 208 A.D.3d 1128, 1129, 176 N.Y.S.3d 19 [1st Dept. 2022] ; Smith v. Montefiore Med. Ctr., 192 A.D.3d 609, 610, 146 N.Y.S.3d 28 [1st Dept. 2021] ). The testimony of Bovis's senior superintendent that he "would" inspect the sidewalk at the end of each workday, without any indication as to whether this general practice was followed on the day of the accident, was insufficient to establish absence of constructive notice (seeWilliams v. Beth Israel Hosp. Assn., 201 A.D.3d 429, 430, 161 N.Y.S.3d 54 [1st Dept. 2022] ; Joachim v. AMC Multi–Cinema, Inc., 129 A.D.3d 433, 434, 11 N.Y.S.3d 119 [1st Dept. 2015] ).
The court properly denied Slazer and Bovis summary judgment dismissing the complaint as against them. Slazer and Bovis failed to make a prima facie showing that they lacked constructive notice of the plywood that allegedly caused plaintiff to trip and fall, as they did not submit any evidence establishing when they last inspected the sidewalk abutting their construction site prior to the accident (see Dakers v BFP Tower C Co., LLC, 208 A.D.3d 1128, 1129 [1st Dept 2022]; Smith v Montefiore Med. Ctr., 192 A.D.3d 609, 610 [1st Dept 2021]). The testimony of Bovis's senior superintendent that he "would" inspect the sidewalk at the end of each workday, without any indication as to whether this general practice was followed on the day of the accident, was insufficient to establish absence of constructive notice (see Williams v Beth Israel Hosp. Assn., 201 A.D.3d 429, 430 [1st Dept 2022]; Joachim v AMC Multi-Cinema, Inc., 129 A.D.3d 433, 434 [1st Dept 2015]).
In support of its motion for summary judgment dismissing the complaint, defendant failed to establish prima facie a lack of constructive notice of the defect in the floor mat on which plaintiff tripped and fell, as its witnesses could not say when the area was last cleaned or inspected, and defendant submitted no documentary evidence thereof (see Castillo-Sayre v Citarella Operating LLC, 195 A.D.3d 513, 513 [1st Dept 2021]). Defendant's showing of general cleaning procedures was insufficient (Smith v Montefiore Med. Ctr., 192 A.D.3d 609, 610 [1st Dept 2021]). Given defendant's failure to make a prima facie showing that it lacked constructive notice, plaintiff was not required to show how long the condition existed (White v MP 40 Realty Mgt. LLC, 187 A.D.3d 561, 562 [1st Dept 2020]).
In support of its motion for summary judgment dismissing the complaint, defendant failed to establish prima facie a lack of constructive notice of the defect in the floor mat on which plaintiff tripped and fell, as its witnesses could not say when the area was last cleaned or inspected, and defendant submitted no documentary evidence thereof (seeCastillo–Sayre v. Citarella Operating LLC, 195 A.D.3d 513, 513, 145 N.Y.S.3d 785 [1st Dept. 2021] ). Defendant's showing of general cleaning procedures was insufficient ( Smith v. Montefiore Med. Ctr., 192 A.D.3d 609, 610, 146 N.Y.S.3d 28 [1st Dept. 2021] ). Given defendant's failure to make a prima facie showing that it lacked constructive notice, plaintiff was not required to show how long the condition existed ( White v. MP 40 Realty Mgt. LLC, 187 A.D.3d 561, 562, 133 N.Y.S.3d 562 [1st Dept. 2020] ).
Mohar attested that on the day of the incident, she was on duty for her usual shift from 6:00 a.m. to 1:00 p.m. and she made rounds in the locker room, including the dry area (see NYSCEF Doc No. 46). A showing of general cleaning procedures is insufficient to satisfy the burden of demonstrating the lack of constructive notice of the condition prior to the accident (Smith v Montefiore Med. Ctr., 192 A.D.3d 609, 610 [1st Dept 2021]). Mohar's affidavit is insufficient as it fails to offer any evidence as to "when the area in question was last cleaned or inspected relative to the time when the plaintiff fell" (see Merchant v New York City Tr. Auth., 183 A.D.3d 647, 648 [2d Dept 2020] [internal quotation marks and citation omitted]).
In support of its motion for summary judgment dismissing the complaint, defendant failed to establish prima facie a lack of constructive notice of the defect in the floor mat on which plaintiff tripped and fell, as its witnesses could not say when the area was last cleaned or inspected, and defendant submitted no documentary evidence thereof (see Castillo-Sayre v Citarella Operating LLC, 195 A.D.3d 513, 513 [1st Dept 2021]). Defendant's showing of general cleaning procedures was insufficient (Smith v Montefiore Med. Ctr., 192 A.D.3d 609, 610 [1st Dept 2021]). Given defendant's failure to make a prima facie showing that it lacked constructive notice, plaintiff was not required to show how long the condition existed (White v MP 40 Realty Mgt. LLC, 187 A.D.3d 561, 562 [1st Dept 2020]).