Randall v. Montefiore Medical Center

Appellate Division of the Supreme Court of New York

Randall v. Montefiore Medical Center

7 A.D.3d 464, 777 N.Y.S.2d 478, 2004 N.Y. App. Div. LEXIS 7322

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 2004

StatusPublished

Cited by5 cases

This text of 7 A.D.3d 464 (Randall v. Montefiore Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Randall v. Montefiore Medical Center, 7 A.D.3d 464, 777 N.Y.S.2d 478, 2004 N.Y. App. Div. LEXIS 7322 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered May 12, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

It is clear as a matter of law that defendant did not have a reasonable opportunity to remedy the alleged hazard, i.e., spilled food on the floor of a corridor in defendant’s hospital. Indeed, the evidence was uncontradicted that defendant’s employees, [465]*465having witnessed the spill, began cleaning the corridor floor immediately thereafter, and that they were still cleaning when plaintiff, some two minutes subsequent to the spill, walked into the affected area (see Williams v Hannaford Bros. Co., 274 AD2d 649, 650-651 [2000]). Concur—Tom, J.P., Ellerin, Williams and Marlow, JJ.

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Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered May 12, 2003, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

It is clear as a matter of law that defendant did not have a reasonable opportunity to remedy the alleged hazard, i.e., spilled food on the floor of a corridor in defendant’s hospital. Indeed, the evidence was uncontradicted that defendant’s employees, [465]*465having witnessed the spill, began cleaning the corridor floor immediately thereafter, and that they were still cleaning when plaintiff, some two minutes subsequent to the spill, walked into the affected area (see Williams v Hannaford Bros. Co., 274 AD2d 649, 650-651 [2000]). Concur—Tom, J.P., Ellerin, Williams and Marlow, JJ.

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Bluebook (online)

7 A.D.3d 464, 777 N.Y.S.2d 478, 2004 N.Y. App. Div. LEXIS 7322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-montefiore-medical-center-nyappdiv-2004.

Opinion

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