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Baer v. Great Atlantic & Pacific Tea Co.

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 791 (N.Y. App. Div. 1999)

Opinion

Submitted June 2, 1999

September 27, 1999

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated July 30, 1998, which granted the defendant's motion for summary judgment dismissing the complaint.

Schoen Schoen Strassman, Huntington, N.Y. (David I. Schoen of counsel), for appellants.

Kral, Clerkin, Redmond, Ryan, Perry Girvan, New York, N Y (Leonard Porcelli of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The injured plaintiff seeks to recover damages for injuries allegedly sustained when she slipped and fell on a liquid substance on the floor of a store owned by the defendant. The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. The injured plaintiff failed to show either that the defendant created or had actual or constructive notice of the condition which allegedly caused her to fall ( see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837; Masotti v. Waldbaums Supermarket, 227 A.D.2d 532; Hollinger v. Chestnut Ridge Racquet Corp., 227 A.D.2d 380).

The injured plaintiff contends that because she slipped in front of the bottle redemption area and had on prior occasions seen liquid drip out of bottles being redeemed by customers, the liquid upon which she slipped must have come from such a bottle. The injured plaintiff's assertions that the unidentified liquid upon which she slipped came from a bottle being redeemed is speculative and unsupported by any evidence in the record ( see, Freeman v. Rock-Hil-Uris, Inc., 30 N.Y.2d 742, 743; Gernard v. Agosti, 228 A.D.2d 994; Schwartz v. Mittleman, 220 A.D.2d 656; Melton v. E.P.S. Hair Design, 202 A.D.2d 649; Kanarskee v. Pergament Distribs., 201 A.D.2d 704; Eddy v. Tops Friendly Markets, 91 A.D.2d 1203, affd 59 N.Y.2d 692).

S. MILLER, J.P., SULLIVAN, FRIEDMANN, and FEUERSTEIN, JJ., concur.


Summaries of

Baer v. Great Atlantic & Pacific Tea Co.

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 791 (N.Y. App. Div. 1999)
Case details for

Baer v. Great Atlantic & Pacific Tea Co.

Case Details

Full title:ESTHER BAER, et al., appellants, v. GREAT ATLANTIC PACIFIC TEA CO., INC.…

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

Date published: Sep 27, 1999

Citations

264 A.D.2d 791 (N.Y. App. Div. 1999)
696 N.Y.S.2d 58

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