Keum Choi v. Olympia & York Water Street Co.
Opinion of the Court
Orders, Supreme Court, New York County (Louis York, J.), entered November 19, 1999 and December 27, 1999, which denied defendants’ motion and cross-motion for summary judgment, unanimously reversed, on the law, without costs, motion and cross-motion for summary judgment granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.
Arriving at the building in which he was employed, plaintiff slipped and fell en route to the elevator. Although he could not remember whether he saw water on the floor where he fell, plaintiff inferred his fall was caused by water on the floor since it had rained for an hour that morning, he could see footprints on the floor and his clothing and hand were wet after his fall. Plaintiff also testified that mats are usually put down when it rains but that there were not mats on the day he fell, nor were there signs indicating the floor was wet. The LAS Court found plaintiffs testimony sufficient to create disputed issues of fact requiring denial of summary judgment on the alternative grounds that defendants had constructive notice of the condition or that the condition was recurring. However, plaintiffs testimony supports neither theory and this action should have been dismissed.
Even were we to assume that water was visible, despite plaintiffs inability to recall seeing water, there is no evidence
Case-law data current through December 31, 2025. Source: CourtListener bulk data.