Summary
This Appellate Division, First Department decision reverses a trial court's denial of a condominium's motion for summary judgment in a premises liability action arising from a lobby slip-and-fall. Applying the "storm-in-progress" doctrine, the court found the defendant established prima facie entitlement to judgment by demonstrating reasonable maintenance measures and a lack of actual or constructive notice of the specific wet condition. Consequently, the complaint against the condominium was dismissed.
Topics
Practice areas
Questions Presented
- Whether the condominium is entitled to summary judgment because it lacked actual notice of the specific wet condition that caused the plaintiff’s fall
- Whether the "storm‑in‑progress" doctrine creates liability for the condominium
- Whether a defendant must cover all floor areas with mats to satisfy the reasonable‑care standard
Holdings
- The condominium is entitled to summary judgment because it failed to have actual or constructive notice of the specific wet condition that caused the plaintiff’s injury.
- The "storm‑in‑progress" doctrine does not create liability absent actual or constructive notice of the specific hazardous condition.
- A defendant is not required to cover every portion of its floors with mats to satisfy the reasonable‑care standard.
Factual background
Betsy Hart slipped and fell on a wet marble floor in the lobby of her condominium building during a snowstorm. Building staff had placed rubber mats throughout most of the lobby but left a small portion of the walkway uncovered. The condominium submitted certified weather reports showing a storm‑in‑progress and testified that staff regularly dry‑mopped wet spots.
Procedural history
The trial court denied the condominium's motion for summary judgment, finding that the plaintiff could establish actual or constructive notice of the wet floor. The condominium appealed, arguing lack of notice and that the "storm‑in‑progress" doctrine applied. The Appellate Division reversed, granting summary judgment and dismissing the complaint.