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EVIDENCE THAT THE AREA BELOW THE STAIRS WHERE PLAINTIFF SLIPPED AND FELL HAD BEEN RECENTLY MOPPED, TOGETHER WITH TESTIMONY THAT THE STAIRS WERE WET, WARRANTED SUMMARY JUDGMENT (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined the evidence that the stairs had recently been mopped and were wet when plaintiff slipped and fell was sufficient to warrant summary judgment:

… [T]he plaintiffs submitted a transcript of the injured plaintiff’s deposition testimony, wherein she noted that after she fell, her pants and the bottom of her shirt became wet. The plaintiffs also submitted a transcript of the deposition testimony of their son, who testified that when he came to the lobby to help his mother, the floor and the stairs were wet and the stairs felt slippery under his feet. That testimony, along with the surveillance video [of the area below the stairs being mopped], established the plaintiffs’ entitlement to judgment as a matter of law on the issue of liability against the defendant. In opposition, the defendant failed to raise a triable issue of fact. Tkachuk v D&J Realty of N.Y., LLC, 2025 NY Slip Op 00472, Second Dept 1-29-25

Practice Point: Video evidence showing the area below the stairs being mopped, together with testimony the stairs were wet, warranted the award of summary judgment to the plaintiffs.

 

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