KENNEDY v. 30W26 LAND, L.P.

10846, 157375/15.

179 A.D.3d 556 (2020)

118 N.Y.S.3d 26

2020 NY Slip Op 00494

Cheryl Kennedy, Appellant, v. 30W26 Land, L.P., Defendant, and Hill Country New York, LLC, et al., Respondents.

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

Decided January 23, 2020.


Plaintiff alleges that she was injured when she slipped and fell on a puddle of water on the floor near the table where she was sitting at defendants' restaurant. Defendants established their prima facie entitlement to judgment as matter of law by showing that they neither created nor had notice of the wet condition that caused plaintiff's fall. Defendants submitted evidence including their employee's testimony that she did not see any puddles when she checked the area 5...

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