Ohrenstein & Brown: Articles: Appellate Court Upholds Granting of Summary Judgment to Restaurant Owner Based on Prima Facie Showing of Absence of Notice of Dangerous Condition

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Appellate Court Upholds Granting of Summary Judgment to Restaurant Owner Based on Prima Facie Showing of Absence of Notice of Dangerous Condition
December 18, 2000

Ryan v. MRO Northeast, Inc., arose out of a "slip and fall" accident that allegedly occurred in the bathroom of a busy fast food establishment. Plaintiff allegedly slipped and fell due to a slippery surface consisting of water and dirt.

Noting that, on a motion for summary judgment to dismiss a complaint based on lack of notice, a defendant is required to make a prima facie showing affirmatively establishing the absence of notice, and that defendants had met that burden, the Appellate Division, Second Department affirmed the trial court's granting of summary judgment.

The court highlighted the fact that the defendant had submitted no proof, but rather only speculation that the defendants had notice of the wet floor.

Bennett R. Katz represented the defendants.