Gomez v. J.C. Penny Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiff alleges that she slipped and fell on water near the bottom of an escalator going from the third to the second floor while shopping in a J.C. Penney store. Plaintiff does not contend that defendant created the wet condition, but alleges that it had actual or constructive notice of it through the presence of its employees in the area.
Defendant established prima facie that it did not have actual notice by presenting evidence that, before the accident, the department supervisor who was responsible for the area was unaware of the alleged wet condition and that the loss prevention officer…
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- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
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- Berger v. ISK Manhattan, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Viera v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2007
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