Practice point: In affirming the dismissal of the complaint, the Appellate Division noted that the defendants were not required to cover all of the floor with mats or
continuously mop up all moisture resulting from the tracked-in rain.
Student note: A general awareness that water might be tracked into a building when
it rains is insufficient to impute to the defendants constructive notice
of the particular dangerous condition.
Case: Aguila v. Fox Hills Partners, LLC, NY Slip Op 08945 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A fall on the stairs, and summary judgment denied.
