In Greco v. Starbucks Coffee Co. , Alexandria Greco was injured when she slipped and fell on the floor of a Starbucks store.
After Greco sued the coffee purveyor and the building's landlord, the Westchester County Supreme Court granted the defendants' request to dismiss the case.
On appeal, the Appellate Division, Second Department, was of the view the "out-of-possession" landlord wasn't responsible for Greco's injuries because it hadn't retained control of the premises nor was contractually obligated to perform maintenance and repairs to the premises.
Not only did Starbucks establish it neither created nor had actual or constructive notice of the spill, but the affidavit submitted by Greco's expert, was seen as "speculative and without probative value."
To view a copy of the Appellate Division's decision, please use this link: Greco v. Starbucks Coffee Co.