In Greenstein v. R & R of G.C., Inc , Pamela Greenstein was injured when she slipped and fell in a Wendy's restaurant.
Greenstein alleges that she slipped and fell on a greasy spot near the joint's condiment section.
When the Nassau County Supreme Court granted Wendy's request to dismiss the case, Greenstein appealed to the Appellate Division, Second Department, which reversed and reinstated the case.
The AD2 was of the opinion that Wendy's failed to establish it neither created nor had actual or constructive notice of the condition that caused the fall.
Apparently, the restaurant manager's testimony was inadequate because he hadn't been present on the day of the incident and lacked personal knowledge as to what had transpired. Wendy's evidence didn't exclude the possibility that the greasy spot (where Greenstein allegedly fell) had been caused by an employee's use of the wrong mop shortly before the accident.
Does this make Wendy's a greasy spoon ?
To download a copy of the Appellate Division's decision, please use this link: Greenstein v. R & R of G.C., Inc