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New York Appellate Court Grants Defendant’s Summary Judgment Motion, Finding Plaintiff Didn’t Prove a Dangerous Condition Existed


The plaintiff in this matter is Natalia Fernandez. The defendants of the case are Paradigm Management Group, LLC, et al. The case is being heard in the Supreme Court of the State of New York located in Queens County. The plaintiff is represented by Larry Hallock Esq. The defendants are represented by hardin, Kundla, McKeon & Poletto with David B. Datny, Esq. for counsel.

Case Background

This is a slip and fall case. The incident in question occurred on the 15th of May, 2009, at approximately 9:30 in the evening. The incident occurred at an event sponsored by Coors Light located at M2 Ultra Lunge, a nightclub located in Manhattan.

The plaintiff was exiting the women’s restroom when she slipped on stairs that allegedly had water and ice on them. She states that she did not notice the water and ice on her way up the stairs to go to the bathroom.

The defendants have moved for summary judgment in the matter to dismiss the case. In support of their motion the defendants offer evidence that shows warrant for the summary judgment to be granted. Included in the evidence is an affidavit from Scott Rice who is a consultant for the defendant and was working at the M2 Ultra Lounge at the time of the incident. In the affidavit Rice states that he did a walk through of the entire area at 8 p.m. He states that during his walk through there was no evidence of a slippery substance on the stairs in question. This was 90 minutes before the accident occurred.

Case Discussion and Decision

In a slip and fall case the plaintiff must show that the defendant has created the unsafe conditions that caused the fall to take place or that the defendant had a reasonable amount of time to fix the problem before the accident occurred.

In this particular case the defendant has shown that they were not aware of the dangerous conditions. The defendant has also shown that the area had been checked only 90 minutes before the accident took place.

In a motion for summary judgment the defendant must prove without a doubt that there is no triable evidence in the case. The defendant has sufficiently established the fact that they were unaware of the situation and that they did not cause the potentially hazardous condition.

After reviewing the facts of the case the court finds in favor of the defendant. The plaintiff has not established any triable issue within the case. The Court will grant a summary judgment in favor of the defendant. The complaint made against the defendant will be dismissed.

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