AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
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
Attorney(S)
Judges

JOHN SCOLA, ET AL., RESPONDENTS, v. SUN INTERNATIONAL NORTH AMERICA, ETC., ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff John Scola was allegedly injured when he slipped and fell on spilled coffee on the lobby floor of the defendants' hotel and casino. In support of their motion for summary judgment, the defendants established, prima facie, that they did not create or have actual or constructive notice of the allegedly slippery condition (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Lewis v. Metropolitan Transp. Auth., 64 N.Y.2d 670; Gill v. City of Mount Vernon, ___; 275 A.D.2d 733 [2d Dept., Sept. 18, 2000]). The burden then shifted to the plaintiffs to come forward with sufficient evidence to raise a triable issue of fact (see, Cellini v. Waldbaum, Inc., 262 A.D.2d 345). In opposition, the plaintiffs asserted only that the defendants had constructive notice of the allegedly dangerous condition. However, the plaintiffs failed to submit proof that the coffee spill was visible and apparent, and had been present on the floor for a sufficient length of time before the accident to permit the defendants' employees to discover and remedy it (see, Gordon v. American Museum of Natural History, supra; Padilla v. White Plains City School Dist., 266 A.D.2d 442; Pirillo v. Longwood Assocs., 179 A.D.2d 744). The bare conclusory assertions contained in the affidavit of the plaintiffs' expert, which consisted primarily of speculative allegations with no independent factual basis, were insufficient to raise a triable issue of fact and defeat the defendants' motion for summary judgment (see, Amatulli v. Delhi Constr. Corp., 77 N.Y.2d 525, 533; Aghabi v. Sebro, 256 A.D.2d 287; Shildkrout v. Board of Educ. of City of N.Y., 173 A.D.2d 603, 604).

Use AI to get other relevant cases.

Comments

SCOLA v. SUN INTERNATIONAL NORTH AMERICA
(Jan 11, 2001)