GAGLIARDI v. COMPASS GROUP, USA, INC.

9677, 162540/14.

173 A.D.3d 574 (2019)

103 N.Y.S.3d 77

2019 NY Slip Op 05006

Mario Gagliardi, Appellant, v. Compass Group, USA, Inc., et al., Respondents.

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

Decided June 20, 2019.


In this action where plaintiff was injured when he slipped and fell in defendants' cafeteria, defendants established their prima facie entitlement to judgment as a matter of law by showing that they neither created nor had notice of the slippery condition that caused plaintiff's fall. Defendants submitted evidence including their cleanup inspection schedule which indicated that the cafeteria floor was inspected every 15 minutes and was inspected about two minutes prior to...

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