SACS Cannot be Deterred by the Slew in this Slip and Fall
SACS is happy to report another successful appellate result in the First Department! In today’s decision, the Court affirmed the dismissal of the plaintiff’s Complaint in a slip and fall accident. The Court found the defendants had no actual or constructive notice of the slippery or wet condition given the plaintiff himself did not notice the wetness while working and therefore never reported the problem to the defendants. Significantly, the Court also rejected the plaintiff’s attempts to raise a slew of new allegedly dangerous conditions – drain pipes, loose carpet, cold temperatures – as “new theories of liability improperly raised for the first time in opposition to the defendants’ motions.” Sofya Uvaydov did a great job arguing the appeal and drafting the briefs with Christopher Simone. Kudos!