AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

CRISEL M. GATANAS, appellant, v. PICNIC GARDEN B.B.Q. BUFFET HOUSE, respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on a puddle of water on the floor of the defendant's restaurant. She contends that the condition which caused her fall was created when an employee of the defendant spilled water from a pitcher while filling glasses before carrying them to the customers' tables. Since there is no proof that the defendant had actual or constructive notice of the spilled water, and the plaintiff's claim that an employee created the condition was mere speculation, the defendant made out a prima facie case for summary judgment. In opposition, no triable issue of fact was raised by the plaintiff. Accordingly, summary judgment was properly granted to the defendant (see Sieber v. Estee Lauder, Inc., 293 A.D.2d 596; Moorman v. Huntington Hosp., 262 A.D.2d 290; Ginsberg v. Waldbaum, Inc., 228 A.D.2d 410, 411).

FLORIO, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.

Use AI to get other relevant cases.

Comments

GATANAS v. PICNIC GARDEN B.B.Q. BUFFET HOU
(May 12, 2003)