Plaintiff commenced an action claiming that she suffered personal injuries after an alleged slip and fall in our client’s store. Defendant moved for summary judgment on the ground that Plaintiff could not establish notice. In opposition, Plaintiff argued that she overheard individuals, whom she believed to be employed by defendant, speaking about a prior spill. The Court held that Plaintiff’s sole reliance on allegations that she overheard individuals speaking about a prior spill, was not enough to defeat summary judgment when Plaintiff failed to identify the alleged declarants. Accordingly, the Court granted summary judgment in favor of Defendant and dismissed the case.
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