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PROOF OF GENERAL CLEANING PRACTICES DID NOT DEMONSTRATE A LACK OF CONSTRUCTIVE NOTICE OF THE WATER WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANT’S SUMMARY JUDGMENT MOTION PROPERLY DENIED.

The Second Department determined defendant did not demonstrate it lacked constructive notice of the water where plaintiff slipped and fell. Proof of general cleaning practices is not enough:

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The defendants failed to demonstrate, prima facie, that they lacked notice of the alleged water on the stairs so as to establish their entitlement to judgment as a matter of law … . A defendant has constructive notice of a dangerous condition when the condition has been visible and apparent long enough for the defendant to have discovered and remedied it … .

Here, the defendants did not submit any evidence regarding specific cleaning or inspection of the area in question, or any other affirmative proof to demonstrate how long the condition had existed. Rather, they merely provided evidence regarding the general cleaning practices and inspection procedures employed by the building superintendent, which is insufficient to establish a lack of constructive notice … . Further, the defendants’ contention that the “water could have been deposited there only minutes or seconds before the alleged fall” is pure speculation, and the defendants cannot satisfy their initial burden on summary judgment merely by pointing to gaps in the plaintiff’s case … . Lebron v 142 S 9, LLC, 2017 NY Slip Op 04827, 2nd Dept 6-14-17

 

NEGLIGENCE (PROOF OF GENERAL CLEANING PRACTICES DID NOT DEMONSTRATE A LACK OF CONSTRUCTIVE NOTICE OF THE WATER WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANT’S SUMMARY JUDGMENT MOTION PROPERLY DENIED)/SLIP AND FALL (CONSTRUCTIVE NOTICE, PROOF OF GENERAL CLEANING PRACTICES DID NOT DEMONSTRATE A LACK OF CONSTRUCTIVE NOTICE OF THE WATER WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANT’S SUMMARY JUDGMENT MOTION PROPERLY DENIED)/CONSTRUCTIVE NOTICE (SLIP AND FALL, PROOF OF GENERAL CLEANING PRACTICES DID NOT DEMONSTRATE A LACK OF CONSTRUCTIVE NOTICE OF THE WATER WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANT’S SUMMARY JUDGMENT MOTION PROPERLY DENIED)/GENERAL CLEANING PRACTICES (SLIP AND FALL, CONSTRUCTIVE NOTICE, (PROOF OF GENERAL CLEANING PRACTICES DID NOT DEMONSTRATE A LACK OF CONSTRUCTIVE NOTICE OF THE WATER WHERE PLAINTIFF SLIPPED AND FELL, DEFENDANT’S SUMMARY JUDGMENT MOTION PROPERLY DENIED)

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