Smith v Genting New York, LLC
Categories
Attorneys and Parties
Brief Summary
Premises liability involving a slip-and-fall accident at the defendant's property and whether the property owner established lack of notice of a liquid hazard on summary judgment.
The Supreme Court, Queens County, granted the defendant's motion for summary judgment dismissing the complaint.
The Appellate Division reversed the order granting summary judgment and denied the defendant's motion to dismiss the complaint.
The defendant failed to make a prima facie showing that it lacked constructive notice because it did not submit specific, uncontroverted evidence of when the accident area was last cleaned or inspected relative to the plaintiff's fall. General cleaning practices were insufficient.
Background
The plaintiff alleged that she was injured when she slipped and fell on a liquid substance at the defendant's premises. She sued to recover damages for personal injuries. The defendant moved for summary judgment, arguing that it did not create the condition and had neither actual nor constructive notice of it.
Lower Court Decision
The lower court accepted the defendant's arguments and granted summary judgment dismissing the complaint.
Appellate Division Reversal
The Appellate Division held that, in a slip-and-fall case, a defendant seeking summary judgment on lack of constructive notice must present evidence showing when the specific area was last cleaned or inspected before the accident. Because the defendant failed to provide such specific evidence, it did not meet its prima facie burden, and the motion should have been denied regardless of the adequacy of the plaintiff's opposition.
Legal Significance
This decision reinforces New York slip-and-fall summary judgment standards: a property owner cannot prevail merely by describing general maintenance routines. To negate constructive notice, the movant must provide concrete proof tied to the precise accident location and time frame.
A defendant in a premises liability slip-and-fall case must show specific inspection or cleaning evidence for the accident area close in time to the fall; otherwise, summary judgment will be denied.