Friday, July 1, 2016

A fall on a wet staircase.

Practice point:  The Appellate Division affirmed denial of defendant's summary judgment motion in this action where plaintiff alleges that, as he was returning to a show at defendant-theater after having gone outside during intermission, he slipped on a wet staircase, causing him to sustain injuries. The evidence submitted by defendant was insufficient to establish prima facie that it lacked constructive notice of the alleged water hazard. Although defendant described its general cleaning routines at the theater, it failed to offer specific evidence as to its activities on the day of the accident, including evidence indicating the last time the staircase was inspected or maintained before plaintiff fell.

Student note:  The Appellate Division noted that, in any event, in opposition, plaintiff raised an issue of fact as to notice of the alleged wet condition and whether defendant had adequate time to remedy the condition, based on his testimony that he told an usher prior to going outside of the theater at intermission that the area was wet, and when he returned 15 minutes later, he slipped and fell in the same area.

Case:  Sada v. August Wilson Theater, NY Slip Op 05024 (1st Dep't June 23, 2016)

Here is the decision.

Tuesday's issue: An equitable estoppel defense.