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CHRISTINE O'SULLIVAN, plf-ap, v. 7-ELEVEN, INC. def-res

4390. CHRISTINE O'SULLIVAN, plf-ap, v. 7-ELEVEN, INC. def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Sobel Pevzner, LLC, Huntington (Nicole Licata-McCord of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about May 19, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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4390. CHRISTINE O’SULLIVAN, plf-ap, v. 7-ELEVEN, INC. def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — Sobel Pevzner, LLC, Huntington (Nicole Licata-McCord of counsel), for res — Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about May 19, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted in this action where plaintiff was injured when she slipped and fell on an accumulation of slush in front of a counter in a 7-Eleven store, during an ongoing snowstorm. Defendants were not required to provide a constant, ongoing remedy for an alleged slippery condition caused by moisture tracked indoors during a storm (see Richardson v. S.I.K. Assoc., L.P., 102 AD3d 554 [1st Dept 2013]). Moreover, defendants demonstrated that they employed reasonable maintenance measures to prevent such a condition (see Pomahac v. TrizecHahn 1065 Ave. of Ams., LLC, 65 AD3d 462, 466 [1st Dept 2009]), by laying out a mat, placing an orange cone on the floor, and regularly mopping the store during the day, including within 15 minutes before plaintiff’s accident. These actions were “reasonable measures to remedy a hazardous condition” (Toner v. National R.R. Passenger Corp., 71 AD3d 454, 455 [1st Dept 2010]).

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