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Negron v. St. Patrick's Nursing Home

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 687 (N.Y. App. Div. 1998)

Opinion

March 30, 1998

Appeal from the Supreme Court, Kings County (Garson, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Luis Negron alleged that he was injured when, while making a delivery, he slipped and fell on water on the floor by an entranceway of the defendant nursing home. The injured plaintiff admitted that he tracked rain water into the building with his boots as he made several trips in and out of the premises. In opposition to the prima facie case proffered by the defendant in support of its motion for summary judgment, the plaintiffs failed to raise a triable issue of fact as to whether the defendant either created the dangerous condition which caused the accident or had a reasonable time within which to remedy such condition after alleged notice (see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836; Negri v. Stop Shop, 65 N.Y.2d 625; Bernard v. Waldbaum, Inc., 232 A.D.2d 596). Moreover, the defendant was not required to cover all of its floors with mats, nor to continuously mop up all moisture resulting from tracked-in rain (see, Miller v. Gimbel Bros., 262 N.Y. 107; Kovelsky v. City Univ., 221 A.D.2d 234).

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.


Summaries of

Negron v. St. Patrick's Nursing Home

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 687 (N.Y. App. Div. 1998)
Case details for

Negron v. St. Patrick's Nursing Home

Case Details

Full title:LUIS NEGRON et al., Respondents, v. ST. PATRICK'S NURSING HOME, Appellant

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

Date published: Mar 30, 1998

Citations

248 A.D.2d 687 (N.Y. App. Div. 1998)
671 N.Y.S.2d 275

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