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Inherent Smoothness of a Floor Is Not an Actionable Defect

In affirming the dismissal of the complaint in a slip and fall case alleging the presence of water on a vestibule floor, the Second Department noted the allegation that a floor was inherently slippery because of its smoothness is not an actionable defect:

While a “defendant [is] not required to cover all of its floors with mats, nor to continuously mop up all moisture resulting from tracked-in rain” … , a defendant may be held liable for an injury proximately caused by a dangerous condition created by water, snow, or ice tracked into a building if it either created the hazardous condition, or had actual or constructive notice of the condition and a reasonable time to undertake remedial action … .

In support of its motion for summary judgment, the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not create any dangerous condition in the vestibule area, or have actual or constructive notice of any such condition prior to the plaintiff’s accident … . In opposition to the defendant’s prima facie showing, the plaintiff relied almost exclusively on the affidavit of an expert, which failed to raise a triable issue of fact. To the extent that the expert opined that the vestibule floor was inherently slippery due to its smoothness, that is not an actionable defect … . Beceren v  Joan Realty LLC, 2014 NY Slip OP 00324, 2nd Dept 1-14-15

 

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