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VIOLA HOLMES, plf-app v. COSTCO WHOLESALE CORP. AND COSTCO WHOLESALE CORP OF YONKERS, def-cross-app

15-163. VIOLA HOLMES, plf-app v. COSTCO WHOLESALE CORP. AND COSTCO WHOLESALE CORP OF YONKERS, def-cross-app — Order (Debra Rose Samuels, J.), dated August 20, 2013, affirmed, with $10 costs.

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15-163. VIOLA HOLMES, plf-app v. COSTCO WHOLESALE CORP. AND COSTCO WHOLESALE CORP OF YONKERS, def-cross-app — Order (Debra Rose Samuels, J.), dated August 20, 2013, affirmed, with $10 costs.

Defendants established a prima facie entitlement to judgment as a matter of law in this action where plaintiff alleges that she slipped and fell on either a “wet substance” or “cellophane,” while on the checkout line at the defendant’s store. The affidavit and deposition testimony of defendants’ administrative manager, as well as the maintenance records for the day of the incident, demonstrate that defendants’ employees performed an “hourly floorwalk” of the entire store, checking overall cleanliness and indicating any action that should be taken, that no problems were noted during the inspection immediately prior to plaintiff’s fall, and that an inspection after the incident indicated no liquid or cellophane on the floor, but only a small piece of gum. As a result, we find that defendants made a prima facie showing that it neither created the hazardous condition, nor had notice of it (see Smith v. Costco v. Wholesale Corp., 50 AD3d 499, 500-501 [2008]; Morahan Gick v. Costco Wholesale Corp., 116 AD3d 747 [2014]; Lee v. Port Chester Costco Wholesale, 82 AD3d 842 [2011]).

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