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IN A SLIP AND FALL, PROOF OF GENERAL CLEANING PRACTICES DOES NOT DEMONSTRATE A LACK OF CONSTRUCTIVE NOTICE OF THE ALLEGED DANGEROUS CONDITION; ONLY PROOF THE AREA WAS INSPECTED OR CLEANED CLOSE IN TIME TO THE FALL WILL SUFFICE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined defendants in this slip and fall case did not demonstrate a lack of constructive notice of the dangerous condition and therefore were not entitled to summary judgment:

… [T]he evidence submitted by the defendants in support of their motion failed to demonstrate, prima facie, that they lacked constructive notice of the allegedly dangerous condition that caused the plaintiff to fall. The defendants’ property manager provided information only as to the building’s general cleaning and inspection practices, and the defendants did not proffer any evidence demonstrating when the staircase was last cleaned or inspected before the plaintiff slipped and fell … . Johnson v 2525-2537 Realty, LLC, 2025 NY Slip Op 04239, Second Dept 7-23-25

Practice Point: In a slip and fall, a lack of constructive notice of the alleged dangerous condition cannot be proved by evidence of general cleaning practices. There must be evidence the area was cleaned or inspected close in time to the fall.

 

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