REAGAN v. DELMONICO MKT. PLACE, INC.

Index No. 159225/18. Appeal No. 13784. Case No. 2020-04613.

194 A.D.3d 500 (2021)

143 N.Y.S.3d 535

2021 NY Slip Op 03004

Marilyn Reagan, Respondent, v. Delmonico Market Place, Inc., Appellant.

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

Decided May 11, 2021.


Attorney(s) appearing for the Case

Traub Lieberman Straus & Shrewsberry LLP, Hawthorne ( Erin L. O'Dea of counsel), for appellant.

Bruce Montague & Partners, Bayside ( Craig Ian Gardy of counsel), for respondent.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.


Defendant failed to establish prima facie that it did not create or have notice of the rolled-up carpet on which plaintiff claimed she fell. Although defendant's general manager testified to general cleaning and inspection procedures, he did not work on the day of the accident and could not testify that those procedures were followed that day. Defendant also failed to offer evidence indicating the last time the area was inspected or cleaned before plaintiff's fall (see...

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