Opinion
13632 Index No. 162626/15 Case No. 2020-03576
04-22-2021
Paula YOUNG–BORRA, Plaintiff–Respondent, v. The NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant–Appellant.
Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for appellant. Godosky & Gentile, P.C., New York (Robert E. Godosky of counsel), for respondent.
Martin Clearwater & Bell LLP, New York (Barbara D. Goldberg of counsel), for appellant.
Godosky & Gentile, P.C., New York (Robert E. Godosky of counsel), for respondent.
Manzanet–Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.
Order, Supreme Court, New York County (Lucy Billings, J.), entered March 2, 2020, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In this slip and fall case, defendant failed to establish prima facie that it did not create or have notice of the puddle of water in front of a nurses' station in its outpatient recovery room. Although defendant's employees testified to general cleaning and inspection procedures, they did not testify that those procedures were followed on the day of the accident, and defendant offered no evidence indicating the last time the area was inspected or cleaned before plaintiff's fall (see Socorro v. New York Presbyt. Weill Cornell Med. Ctr., 160 A.D.3d 544, 74 N.Y.S.3d 547 [1st Dept. 2018] ; Cater v. Double Down Realty Corp., 101 A.D.3d 506, 506, 954 N.Y.S.2d 877 [1st Dept. 2012] ).