RESTAURANT DID NOT DEMONSTRATE WHEN THE AREA OF THE SLIP AND FALL HAD LAST BEEN CLEANED OR INSPECTED, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the defendant restaurant (Carrabba’s) was not entitled to summary judgment in this slip and fall case. The restaurant did not demonstrate when the area had last been cleaned or inspected:

​

To meet its initial burden on the issue of lack of constructive notice, the defendant must offer some evidence as to when the area in question was last cleaned or inspected relative to the time when the plaintiff fell … . In this case, Carrabba’s failed to satisfy its initial burden on this issue. The deposition testimony of Carrabba’s manager and cleaning employee referred to Carrabba’s general daily cleaning practices. Both deponents testified that they did not remember any specific cleaning or inspection of the area of the plaintiff’s fall on the date of the accident, thereby failing to make out a prima facie showing of lack of constructive notice. Lombardo v Kimco Cent. Islip Venture, LLC, 2017 NY Slip Op 06531, 2nd Dept 9-20-17

NEGLIGENCE (SLIP AND FALL, RESTAURANT DID NOT DEMONSTRATE WHEN THE AREA OF THE SLIP AND FALL HAD LAST BEEN CLEANED OR INSPECTED, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT))/SLIP AND FALL (RESTAURANT DID NOT DEMONSTRATE WHEN THE AREA OF THE SLIP AND FALL HAD LAST BEEN CLEANED OR INSPECTED, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT))