BERNHARD v. THE BANK OF MONTREAL


41 A.D.3d 180 (2007)

838 N.Y.S.2d 56

WILLIAM BERNHARD, Appellant, v. THE BANK OF MONTREAL et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 12, 2007.


Plaintiff's slip and fall on a wet floor in the lobby of defendant's bank branch was captured on a security videotape, which also showed that the accident occurred during a heavy rain, that people with umbrellas entered the lobby area just minutes before plaintiff's slip and fall and that the area of the accident had been regularly mopped, one such mopping having occurred only seven minutes before the accident. In light of this...

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