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GONZALEZ-JARRIN v. NEW YORK

Appellate Division of the Supreme Court of New York, First Department.
Apr 8, 2008
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Defendants established prima facie their entitlement to judgment as a matter of law by demonstrating that at the time of plaintiff's accident it had been raining or snowing for several hours, that they had placed a mat on the vestibule floor, and that they had neither actual nor constructive notice of the particular wet condition that allegedly caused plaintiff to slip ( see Garcia v Delgado Travel Agency, 4 AD3d 204). Defendants were under no obligation "to cover the entire floor with mats and to continuously mop up all tracked-in water" ( id.). In opposition, plaintiff's failed to raise a triable issue of fact as to notice ( see id.).