AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

PHOEBE COTTINGHAM, Appellant, v. HAMMERSON FIFTH AVENUE, INC., et al., Respondents.

Summary judgment dismissing the complaint was properly granted because plaintiff failed to raise a triable issue of fact as to whether defendants had actual or constructive notice of the wet floor upon which she allegedly slipped and fell ( see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967; Morchik v. Trinity School, 257 A.D.2d 534; Tsamos v. Volmar Constr. Co., 231 A.D.2d 709). We note that defendants were not affirmatively responsible for creating the complained of hazard by reason of the circumstance that, although mats were placed between the door and the elevators, they were not placed along the route plaintiff chose to follow, or by reason of their failure to have the lobby continuously mopped ( see, Crawford v. MRI Broadway Rental, 254 A.D.2d 68; Negron v. St. Patrick's Nursing Home, 248 A.D.2d 687).

Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.

Use AI to get other relevant cases.

Comments

COTTINGHAM v. HAMMERSON FIFTH AVENUE, INC
(Mar 16, 1999)