Tuesday, March 13, 2007

Plaintiff's sticky wicket.

After choosing a number of fruits and vegetables displayed on the sidewalk just outside defendant's store, plaintiff went inside to pay for the goods. Plaintiff alleged that, as she was leaving, she slipped and fell because of a piece of gum on the floor. The Second Department granted defendant's summary judgment motion, in Calo v. Bel-Mar Spa, Inc., decided on March 6, 2007. The court applied elemental slip-and-fall principles: there was no showing that defendant either created the condition or knew about it. Next.