201904.12
0

Plaintiff, a produce vendor, slipped and fell in the kitchen of a nationwide restaurant chain. The Firm first successfully transferred venue from Albany County to more favorable Nassau County. The Firm later moved for summary judgment on behalf of the restaurant arguing it did not create or have notice of the “clear liquid” plaintiff slipped on. In support, the Firm located a former employee working when the accident occurred. The former employee provided an affidavit that he was in the area of the accident for 90 minutes prior to the accident and did not observe any water or other liquid on the floor. In granting the motion, the Court found plaintiff failed to raise any question of fact as to whether the restaurant created or had actual or constructive notice of the condition.