Practice point: Defendants established entitlement to judgment as a matter of law in
this action where plaintiff slipped and fell on water located on the
tile floor around the indoor pool of defendants' health club. Defendants established that the presence of such water was necessarily incidental to
the pool's use.
Student note: The mere fact that the water was there did not raise a fact-issue, and plaintiff did not assert a violation of a code, rule, regulation or industry
standard. In addition, there was no evidence as to how long the water was on the floor, nor was the amount of water above and beyond what
one might ordinarily expect find in the vicinity of a pool.
Case: Dove v. Manhattan Plaza Health Club, NY Slip Op 00195 (1st Dept. 2014).
Here is the decision.
Tomorrow's issue: Discovery disputes.
