Legal Opinion

Phillip v. Young Men's Christian Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2014Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered June 10, 2013, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant met its initial burden of demonstrating lack of notice of the wet condition of the locker room floor where plaintiff allegedly slipped by submitting evidence that it followed its rou*414tine maintenance and inspection procedures, and that the condition was not observed either by defendant’s staff when they inspected the area, or by plaintiff and her daughter (see Warner v Continuum Health Care…

2Cases cited4 opinions

  1. Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  2. Warner v. Continuum Health Care Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Gallais-Pradal v. YWCA of BrooklynAppellate Division of the Supreme Court of the State of New York · 2006
  4. Guttierez v. Lenox Hill Neighborhood House, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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