Fourth Department — Slip and Fall: Rachlin v. Michaels Arts & Crafts

Appellate Division, Fourth Department

Slip and Fall

Summary Judgment — Constructive or Actual Knowledge

Rachlin v. Michaels Arts & Crafts
CA 13-01289
Appealed from Supreme Court, Erie County

Background: The plaintiff commenced an action after being injured from a slip and fall inside the defendant retail store. The plaintiff alleged that the puddle of water was the result of a persistently leaky roof at the subject premises. The defendants appealed from an order denying their motions for summary judgment.

Ruling: The Appellate Division affirmed. The court held that it is well-settled that the defendants cannot establish their entitlement to judgment as a matter of law simply by pointing to gaps in the plaintiff’s proof. The record established that the building’s roof had leaked on a number of occasions in the past and had leaked on the day of the accident. Further, the testimony from a manager that the accident was caused by melting snow or slush from the plaintiff’s boots is speculative.

Michael Glascott of Goldberg Segalla for the defendant-appellant Boulevard Mall Expansion and third-party defendant-appellant; Michael J. Willett of Damon Morey for the defendants-appellants Michaels Arts & Crafts and third-party plaintiffs-respondents; Richard T. Sullivan of Harris Beach for the plaintiffs-respondents