• Retail Store Entitled To Summary Judgment Based On Surveillance Showing Employee Walking By Accident Area and Testimony That She Did Not Observe Any Spills.
  • July 14, 2017 | Author: Adam C. Calvert
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - New York Office
  • The appellate division affirmed the trial court’s decision granting summary judgment to a retail store in a slip-and-fall on water accident. The court’s decision was based on store surveillance, and the corresponding deposition testimony of a store employee, which showed a store employee walking through the accident area just before the accident and not seeing any spilled water. Therefore, the court found that the store did not have constructive notice