BARBARA GREEN, plf-res, v. GRACIE MUSE RESTAURANT CORP., def-ap

9833. BARBARA GREEN, plf-res, v. GRACIE MUSE RESTAURANT CORP., def-ap — Law Offices of Michael E. Pressman, New York (Stuart B. Cholewa of counsel), for ap — Mallilo & Grossman, Brooklyn (Beth J. Girsch of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about July 10, 2012, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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9833. BARBARA GREEN, plf-res, v. GRACIE MUSE RESTAURANT CORP., def-ap — Law Offices of Michael E. Pressman, New York (Stuart B. Cholewa of counsel), for ap — Mallilo & Grossman, Brooklyn (Beth J. Girsch of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about July 10, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendant restaurant established its entitlement to judgment as a matter of law, in this action where plaintiff allegedly slipped and fell on a slippery substance on the restaurant’s floor. Defendant demonstrated that it had no notice of the allegedly defective condition by submitting, inter alia, the testimony of its manager who stated that on the day of the accident, he had been on duty for several hours before plaintiff’s fall, and walked around and inspected the entire restaurant every three to four minutes. He also testified that he did not see any spills of food, liquid, or debris on that day, and did not receive any complaints about such conditions. The hostess on duty at the time also testified that she did not receive any such complaints. Moreover, the manager observed that the floor was clean and dry prior to the accident, and inspected the area where plaintiff fell shortly thereafter and saw that it was still clean and dry. Plaintiff also testified that she passed the same area in the restaurant about 45 minutes before her accident and did not observe a hazardous condition (see Warner v. Continuum Health Care Partners, Inc., 99 AD3d 636, 637 [1st Dept 2012]; compare Porco v. Marshalls Dept. Stores, 30 AD3d 284 [1st Dept 2006]).

BARBARA GREEN, plf-res, v. GRACIE MUSE RESTAURANT CORP., def-ap

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