Summary
The Appellate Division, First Department affirmed the trial court's denial of the plaintiff's motion for summary judgment on liability in a premises liability action concerning a wet sidewalk. The court identified triable issues of fact regarding whether the defendants' sprinkler system caused the hazardous condition, citing conflicting evidence on sprinkler operation dates and inconclusive weather data around the time of the accident. Accordingly, the plaintiff did not meet their burden to prove negligence as a matter of law.
Topics
Practice areas
Questions Presented
- Whether plaintiff established as a matter of law that the wet sidewalk condition was caused by defendants' negligence.
- Whether summary judgment on liability was appropriate.
Holdings
- Plaintiff did not establish as a matter of law that the wet condition on the sidewalk was caused by defendants' negligence.
- Summary judgment on liability was properly denied because genuine issues of fact remained.
Key quotations
“Accordingly, plaintiff did not establish as a matter of law that the wet condition on the sidewalk was caused by defendants' negligence.”
Factual background
Plaintiff slipped on a wet sidewalk outside CVS Albany. The issue was whether the sprinkler system operated and maintained by the defendants caused the wet condition. Defendants presented an invoice showing the sprinklers were turned off in October 2019; plaintiff presented a video of sprinklers operating in September 2020 and climate data showing mixed precipitation in December 2019.
Procedural history
The Supreme Court, Bronx County denied plaintiff's motion for summary judgment on liability. The appellant appealed that order to the Appellate Division, First Department.