Slintak v. Price Chopper Supermarkets, 81 A.D.3d 808 (N.Y. App. Div. 2d Dep't 2011)
Feb 15, 2011OUTCOME: Granting of summary judgment affirmed.
The defendants established their prima facie entitlement to judgment as a matter of law by establishing that they did not create the hazardous condition upon which the plaintiff allegedly slipped, or ... have actual or constructive notice of its existence for a sufficient length of time to discover and remedy it. The defendants' employee testified that she inspected the area where the plaintiff fell approximately 15 minutes before the accident, and observed no hazards. The plaintiff failed to raise a triable issue of fact in opposition to the defendants' showing in this regard.
