McMullin v. Martin's Food of South Burlington, Inc.

Appeal from an order of the Supreme Court (Nolan Jr., J.), entered August 9, 2013 in Saratoga County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff Marla McMullin (hereinafter plaintiff) and her husband, derivatively, commenced this action to recover for injuries she sustained after slipping and falling on seltzer water *1104on the floor of an aisle in defendant’s grocery store. After completion of discovery, defendant moved for summary judgment dismissing the complaint conceding actual notice of the spill, but contending that it acted reasonably to…