Gonzalez-Jarrin v. New York City Department of Education
Opinion of the Court
Defendants established prima facie their entitlement to judgment as a matter of law by demonstrating that at the time of plaintiffs accident it had been raining or snowing for several hours, that they had placed a mat on the vestibule floor, and that they had neither actual nor constructive notice of the particular wet condition that allegedly caused plaintiff to slip (see Garcia v Delgado Travel Agency, 4 AD3d 204 [2004]). Defendants were under no obligation “to cover the entire floor with mats and to continuously mop up all tracked-in water” (id.). In opposition, plaintiffs failed to raise a triable issue of fact as to notice (see id.). Concur—Lippman, EJ., Friedman, Catterson and Moskowitz, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.