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Gatanas v. Picnic Garden B.B.Q. Buffet House

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2003
305 A.D.2d 457 (N.Y. App. Div. 2003)

Opinion

2001-04300

Submitted April 25, 2003.

May 12, 2003.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated April 3, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.

Decolator, Cohen DiPrisco, LLP, Mineola, N.Y. (John V. Decolator of counsel), for appellant.

McAndrew, Conboy Prisco, Woodbury, N.Y. (Robert M. Ortiz of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly slipped and fell on a puddle of water on the floor of the defendant's restaurant. She contends that the condition which caused her fall was created when an employee of the defendant spilled water from a pitcher while filling glasses before carrying them to the customers' tables. Since there is no proof that the defendant had actual or constructive notice of the spilled water, and the plaintiff's claim that an employee created the condition was mere speculation, the defendant made out a prima facie case for summary judgment. In opposition, no triable issue of fact was raised by the plaintiff. Accordingly, summary judgment was properly granted to the defendant (see Sieber v. Estee Lauder, Inc., 293 A.D.2d 596; Moorman v. Huntington Hosp., 262 A.D.2d 290; Ginsberg v. Waldbaum, Inc., 228 A.D.2d 410, 411).

FLORIO, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.


Summaries of

Gatanas v. Picnic Garden B.B.Q. Buffet House

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2003
305 A.D.2d 457 (N.Y. App. Div. 2003)
Case details for

Gatanas v. Picnic Garden B.B.Q. Buffet House

Case Details

Full title:CRISEL M. GATANAS, appellant, v. PICNIC GARDEN B.B.Q. BUFFET HOUSE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 2003

Citations

305 A.D.2d 457 (N.Y. App. Div. 2003)
761 N.Y.S.2d 77

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