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PROOF OF GENERAL CLEANING PRACTICES NOT SUFFICIENT TO DEMONSTRATE A LACK OF NOTICE OF THE WET AREA WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED.

The Second Department, reversing Supreme Court, determined defendants’ motion for summary judgment in this slip and fall case should not have been granted. Plaintiff slipped on a wet area of a carpeted stairwell. Defendants’ evidence of general cleaning practices was not enough to demonstrate a lack of constructive notice of the condition:

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Among other things, deposition testimony submitted by the defendants demonstrated that, although the building superintendent and property manager inspected the building on a regular basis, there was no specific schedule for the inspections and there were no records of inspections. Further, there was no cleaning schedule for the stairways and, if someone made a complaint about a dangerous condition on a stairway, the superintendent would not write that down. “Mere reference to general cleaning practices, with no evidence regarding any specific cleaning or inspection of the area in question, is insufficient to establish a lack of constructive notice” … . Perez v Wendell Terrace Owners Corp., 2017 NY Slip Op 04156, 2nd Dept 5-24-17

NEGLIGENCE (PROOF OF GENERAL CLEANING PRACTICES NOT SUFFICIENT TO DEMONSTRATE A LACK OF NOTICE OF THE WET AREA WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED)/SLIP AND FALL (PROOF OF GENERAL CLEANING PRACTICES NOT SUFFICIENT TO DEMONSTRATE A LACK OF NOTICE OF THE WET AREA WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED)

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