The Second Department, reversing Supreme Court, determined that the defendant department store’s (Macy’s) motion for summary judgment in this escalator slip and fall case should have been granted. Apparently plaintiff’s purse strap caught on a broken or protruding piece of metal on the escalator. Macy’s demonstrated it did not have actual or constructive notice of the condition:
Here, Macy’s submitted evidence demonstrating, prima facie, that it did not create or have actual or constructive notice of the alleged defective and dangerous condition of the escalator —i.e., a broken and protruding piece of metal which caught the strap of the plaintiff’s pocketbook and caused her to fall. Through the deposition testimony of its employees and a technician employed by [the escalator company] as well as escalator inspection logs, Macy’s established that the escalator was regularly inspected and maintained, and that it had not received any prior complaints about the escalator before the accident … . Among other things, a Macy’s employee testified at a deposition that he inspected the escalator on the morning of the accident and that it was in working order … . Isaacs v Federated Dept. Stores, Inc., 2017 NY Slip Op 00156, 2nd Dept 1-11-17
NEGLIGENCE (DEPARTMENT STORE’S MOTION FOR SUMMARY JUDGMENT IN THIS ESCALATOR SLIP AND FALL CASE SHOULD HAVE BEEN GRANTED, NO ACTUAL OR CONSTRUCTIVE NOTICE OF CONDITION)/SLIP AND FALL (DEPARTMENT STORE’S MOTION FOR SUMMARY JUDGMENT IN THIS ESCALATOR SLIP AND FALL CASE SHOULD HAVE BEEN GRANTED, NO ACTUAL OR CONSTRUCTIVE NOTICE OF CONDITION)/ESCALATORS (DEPARTMENT STORE’S MOTION FOR SUMMARY JUDGMENT IN THIS ESCALATOR SLIP AND FALL CASE SHOULD HAVE BEEN GRANTED, NO ACTUAL OR CONSTRUCTIVE NOTICE OF CONDITION)