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Randall v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York, First Department
May 27, 2004
7 A.D.3d 464 (N.Y. App. Div. 2004)

Opinion

3743.

Decided May 27, 2004.

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered May 12, 2003, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Brand, Brand Burke, New York (Thomas S. Pardo of counsel), for appellants.

Hayes, Finger Wenick, P.C., New York (Frank J. Wenik of counsel), for respondent.

Before: Tom, J.P., Ellerin, Williams, Marlow, JJ.


It is clear as a matter of law that defendant did not have a reasonable opportunity to remedy the alleged hazard, i.e., spilled food on the floor of a corridor in defendant's hospital. Indeed, the evidence was uncontradicted that defendant's employees, having witnessed the spill, began cleaning the corridor floor immediately thereafter, and that they were still cleaning when plaintiff, some two minutes subsequent to the spill, walked into the affected area ( see Williams v. Hannaford Bros. Co., 274 A.D.2d 649, 650-651).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Randall v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York, First Department
May 27, 2004
7 A.D.3d 464 (N.Y. App. Div. 2004)
Case details for

Randall v. Montefiore Medical Center

Case Details

Full title:PEGGY RANDALL, ET AL., Plaintiffs-Appellants, v. MONTEFIORE MEDICAL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 27, 2004

Citations

7 A.D.3d 464 (N.Y. App. Div. 2004)
777 N.Y.S.2d 478

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