Hitzfield v. Wilmorite, Inc.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff alleges that she slipped and fell while entering the Irondequoit Mall (Mall) in the Town of Irondequoit on December 7, 1991. A month later, her attorney wrote to the President of Wilmorite, Inc., notifying Wilmorite of the incident, asserting that the accumulation of water on the floor of the entrance was "caused by your employees not drying the floor” and "the negligence of employees of your corporation” and asking that Wilmorite’s insurance carrier contact her. A week later, an…