MALL DIDN’T HAVE NOTICE OR OPPORTUNITY TO CORRECT CONDITION
After she slipped on some paper that was on the floor of the parking lot, M.A.M. filed a personal injury suit against Palisades Center Mall (and other parties). When the latter moved to dismiss the case, the Rockland County Supreme Court ended up throwing the case out.
On its review of the record, the Appellate Division, Second Department, noted that the driver of M.A.M.’s vehicle testified that he had observed the occupant of the next vehicle throwing the paper to the ground. Since the Mall didn’t have notice of the condition, or a sufficient time within which to address or remedy it, the AD2 ended up affirming the dismissal, particularly in the absence of “a triable issue of fact.”
Now was that a paper chase?
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DECISION