In a New York Slip and Fall Accident case, Defendant Madison Square Garden’s motion for summary judgment was denied. Plaintiff slipped and fell on liquid on the floor of Madison Square Garden while attending a Rolling Stones concert. Plaintiff testified that after she fell her pants were wet and smelled like beer. The Madison Square Garden maintenance records indicated that the area had been mopped twice. However, the timing of both documented incidents of maintenance were well after Plaintiff’s accident.
As a result, the Second Department held that Defendant failed to make a prima facie showing that it neither created nor had actual or constructive notice of the spill as it failed to proffer any evidence as to when the area was last cleaned prior to the fall.
Zambri v Madison Sq. Garden, L.P., 2010 NY Slip Op 04370 [73 AD3d 1035], May 18, 2010.