Mersack v. BJ's Wholesale Club, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated March 27, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was injured when he allegedly slipped and fell on a small puddle of water in an aisle of the defendant’s store. He commenced this action and, after discovery was completed, the defendant moved for summary judgment dismissing the complaint on the ground, insofar as relevant here, that it did…