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Ellison v. The Stop & Shop Supermarket Co. LLC

Supermarket Did Not Create Water Condition That Caused Plaintiff's Fall

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MEMORANDUM DECISION AND ORDER On May 25, 2020, the plaintiff filed this negligence action in Kings County Supreme Court. (ECF No. 1-2 at 4, 10.) On January 4, 2021, the defendant removed the action to federal court on the basis of diversity jurisdiction pursuant to 28 U.S.C. §1332(a). (ECF No. 1 at 3.) Before the Court is the defendant’s motion for summary judgment. (ECF No. 29.) For the reasons explained below, the defendant’s motion is granted. BACKGROUND1 At about 8:00 a.m. on September 24, 2019, the plaintiff and Michael Berry2 took the bus to the Stop & Shop on Cropsey Avenue in Brooklyn. (Pl. Dep. Tr. 20:6-22, 22:15-17.) The plaintiff shopped at the store about once a month. (Id. at 21:4-11.) Sometime between 10:00 a.m. and 12:00 p.m., while Mr. Berry was in a different part of the store, the plaintiff walked from the dairy aisle to the general merchandise area, which was brightly lit. (Def. 56.1

10-14.) Nothing blocked her view, and no one else was in the area. (Id.

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