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CONVENIENCE STORE HAD TAKEN ADEQUATE MEASURES TO ADDRESS TRACKED IN SLUSH AND SNOW DURING A STORM, DEFENDANTS’ SUMMARY JUDGMENT MOTION IN THIS SLIP AND FALL CASE WAS PROPERLY GRANTED. ​

The First Department determined the convenience store’s motion for summary judgment in this slip and fall case was properly granted. Plaintiff alleged she slipped and fell on tracked in slush and snow at the front counter during a snow storm. Defendants had put a mat down, marked the area with a cone, and mopped the area 15 minutes before plaintiff fell:

Defendants were not required to provide a constant, ongoing remedy for an alleged slippery condition caused by moisture tracked indoors during a storm … . Moreover, defendants demonstrated that they employed reasonable maintenance measures to prevent such a condition…, by laying out a mat, placing an orange cone on the floor, and regularly mopping the store during the day, including within 15 minutes before plaintiff’s accident. These actions were “reasonable measures to remedy a hazardous condition” … .

The record also shows that defendants did not have constructive notice of the dangerous wet condition. The fact that it was snowing, with water and slush tracked in, does not constitute notice of a particular dangerous situation, warranting more than the laying of floor mats … . O’Sullivan v 7-Eleven, Inc., 2017 NY Slip Op 05321, 1st Dept 6-29-17

 

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QUESTION OF FACT WHETHER DEFENDANTS HAD CONSTRUCTIVE NOTICE OF A DEFECTIVE TAILGATE,... PLAINTIFF’S MOTION TO COMPEL POST-JUDGMENT DISCOVERY TO DETERMINE DAMAGES...