Quintana v. TCR, Tennis Club of Riverdale, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; June 5, 2014; New York; State Appellate Court
Defendant's motion for summary judgment to dismiss the complaint was denied by the Supreme Court of Bronx County and affirmed unanimously. The defendant argued that the plaintiff could not identify the specific cause of her slip and fall in the women's locker room. However, the court found that the defendant did not meet its initial burden to justify summary judgment on this basis. The plaintiff presented sufficient evidence to raise triable issues of fact regarding the cause of her fall, specifically stating that she slipped in water and observed water around the step after falling. Additionally, she claimed to have informed the defendant’s staff about the slippery conditions prior to her accident. The court distinguished this case from Zanki v. Cahill, where the plaintiff had not provided evidence of a dangerous condition. Furthermore, the defendant did not demonstrate a lack of constructive notice regarding the slippery condition, as there was no information about when the area was last inspected before the incident.