Fourth Department – Slip and fall: Hunt v. Dolgencorp of New York Inc.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Slip and fall

Constructive notice – Routine inspection

Hunt v. Dolgencorp of New York Inc.

CA 21-00854

Appealed from Supreme Court, Erie County

Background: The plaintiff commenced an action seeking damages for injuries from a slip and fall at a Dollar Store. She alleged she fell on a clear liquid while walking down an aisle. The plaintiff appealed from the grant of summary judgment to the defendant.

Ruling: The Appellate Division affirmed. The court noted that defendant met its burden of demonstrating lack of constructive notice based on the affidavit of the assistant store manager, who stated that she inspected the premises every 30 minutes to check for safety hazards, and that she walked down the aisle in question approximately 15 minutes before plaintiff fell and did not see anything on the floor. The plaintiff relied on footage from surveillance cameras inside the store which neither confirmed nor refuted the assistant manager’s sworn assertions.

Jacob A. Piorkowski, of the Tarantino Law firm, for the plaintiff-appellant; Thomas J. Debernardis, of Smith Sovik Kendrick & Sugnet, for the defendants-respondents.