(Download) "Katz v. Sheepshead Bay Us theatre" by Kings County Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Katz v. Sheepshead Bay Us theatre
- Author : Kings County Supreme Court
- Release Date : January 28, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendants, by their attorney, have moved this court, pursuant to CPLR §3212, for an order granting summary judgment on the issue of liability as no triable issues of fact exist herein, and accordingly dismissing the plaintiffs complaint. The defendants predicate their request on the fact that the plaintiff testified at her examination before trial [EBT] as follows, 1. that she walked away from the concession stand of the United Artist theater lobby, located at Harkness Avenue, Brooklyn, NY, and slipped and fell on a sticky, wet, liquid substance, which she at no time prior had observed on the floor; 2. that she did not know how long the substance had been on the floor or if anyone had ever complained about the same; 3. that she picked herself up, walked into the auditorium, and watched a movie, after which she went home; and, 4. that it was not until the following day that she filed an accident report with the theater. In addition to the just stated, the defendants note that the theaters assistant manager testified to the following practices; to wit, that it was her practice to conduct a daily morning inspection of the premises for potential hazards; that when a hazardous situation was found, an employee or maintenance worker would remedy it; and, that if a sticky or wet area of the floor was reported, an usher would immediately mop and dry the area. Finally, the defendants argue that the plaintiff has failed to meet the necessary burden to establish liability since "in order to impose liability on a defendant in a slip and fall case, a plaintiff must prove the existence of a dangerous or defective condition, and that the defendant had either actual or constructive notice of it." (Citing, Gordon v. American Museum of Natural History, 67 NYS2d 836 [1986]; Lewis v. Metropolitan Transp. Auth., 64 NY2d 670 [1984]; Herman v. State of New York, 63 NY2d 822 [1984]; Cottingham v. Hammerson Fifth Avenue, Inc., 259 AD2d 348 [1st Dept., 1999]; Rosario v. New York City Transit Auth., 215 AD2d 364 [2d Dept., 1995]; Edwards v. Terryville Meat Co., 178 AD2 580 [2d Dept., 1991]; Lowery v. Cumberland Farms, Inc., 162 AD2d 777 [3d Dept., 1990]).