Opinion
9267 Index 151169/16
05-09-2019
Patricia TURSO–DRASCHE, Plaintiff–Appellant, v. BANANA REPUBLIC, LLC, et al., Defendants–Respondents.
Edelman & Edelman, P.C., New York (David M. Schuller of counsel), for appellant. McAndrew, Conboy & Prisco, LLP, Melville (Michael J. Prisco of counsel), for respondents.
Edelman & Edelman, P.C., New York (David M. Schuller of counsel), for appellant.
McAndrew, Conboy & Prisco, LLP, Melville (Michael J. Prisco of counsel), for respondents.
Sweeny, J.P., Gische, Tom, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 6, 2018, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established their prima facie entitlement to judgment as a matter of law, in this action where plaintiff was injured in defendants' store, when she tripped over the foot of a sales associate, who had been talking to another employee and then turned around. Plaintiff testified that she saw the employee with his back turned towards her and that she had a path to walk around him. Defendants sufficiently established that it was unforeseeable that plaintiff would trip over the foot of their employee as he turned in the store aisle, and therefore did not breach a duty of care owing to her (see Greene v. Sibley, Lindsay, & Curr Co., 257 N.Y.190, 177 N.E. 416 [1931] ; Pinero v. Rite Aid of N.Y., 294 A.D.2d 251, 743 N.Y.S.2d 21 [1st Dept. 2002], affd 99 N.Y.2d 541, 753 N.Y.S.2d 805, 783 N.E.2d 895 [2002] ; Prado v. City of New York, 19 A.D.3d 674, 798 N.Y.S.2d 94 [2d Dept. 2005] ).
Plaintiff's opposition failed to raise a triable issue of fact. The surveillance video and time-stamped stills of the accident do not show that plaintiff's injury was reasonably foreseeable.
We have considered plaintiff's remaining arguments and find them unavailing.