Lopez v. Fordham University

Summary

The court held that the plaintiff failed to establish prima facie that Fordham University had notice of the recurring hazardous floor condition or was negligent. It also affirmed dismissal of the third-party claims against the construction contractor because Fordham failed to raise a factual issue concerning negligent installation or contractual noncompliance, and the expert evidence was speculative.

Holdings

1. The plaintiff failed to establish prima facie that Fordham had notice of the alleged recurring hazardous condition or otherwise demonstrate conclusively any negligence by Fordham.
2. The plaintiff's responsibility for keeping the kitchen clean did not resolve the negligence issue because she was injured while preparing food, not while cleaning the floor.
3. The third-party and second third-party complaints were properly dismissed because Turner established prima facie that the accident did not result from negligence in its construction work, and Fordham failed to raise a triable issue regarding drain installation or contractual compliance.

Questions Presented

1. Whether the plaintiff established prima facie that Fordham had actual or constructive notice of a recurring hazardous condition on the kitchen floor.
2. Whether the plaintiff's responsibility for keeping the kitchen clean precluded Fordham's liability when the injury occurred during food preparation rather than cleaning.
3. Whether Fordham raised a triable issue that Turner negligently installed the drain or failed to comply with its contractual obligations.
4. Whether Fordham's expert opinion, based on an inspection approximately six years after the accident and lacking factual support, was sufficient to raise a triable issue.

Disposition

affirmed