Price v. EQK Green Acres, L.P.
Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated July 23, 1999, as, upon renewal, adhered to its prior determination in an order dated March 30, 1999, granting the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff alleged that she was injured when she slipped and fell on a wet floor just inside the defendants’ premises. To establish a prima facie case of negligence in a slip and fall
In opposition, the plaintiff failed to raise an issue of fact as to constructive notice. Any finding that the water had been on the floor for a sufficient length of time to permit the defendants’ employees to discover and remedy the condition would be based on mere speculation (see, Paciello v May Dept. Stores Co., 263 AD2d 533; Graubart v Laro Maintenance Corp., 244 AD2d 457; see also, Smith v May Dept. Store Co., 270 AD2d 870). Moreover, proof of a defendant’s awareness of a general condition is not sufficient to establish constructive notice of the particular condition which caused the plaintiff to fall (see, Piacquadio v Recine Realty Corp., supra; Paciello v May Dept. Stores Co., supra). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.