Bernhard v. Bank of Montreal

In Bernhard v. Bank of Montreal (41 AD3d 180 [1st Dept 2007]) the Appellate Division affirmed a trial court decision granting summary judgment in defendant's favor where plaintiff slipped on water in a bank lobby after a heavy rain. Bank security cameras showed that customers were in the bank with umbrellas, and the area had been mopped seven minutes before plaintiff's accident. The court rejected plaintiff's argument, relying on an expert opinion, that the area should have been covered with floor mats. The Appellate Division held, citing Gibbs v. Port Auth. Of NY, supra, that defendants did not have a sufficient opportunity to remediate the hazard (41 AD3d 181). The Court said: "Plaintiff's slip and fall on a wet floor in the lobby of defendant's bank branch was captured on a security videotape, which also showed that the accident occurred during a heavy rain, that people with umbrellas entered the lobby area just minutes before plaintiff's slip and fall and that the area of the accident had been regularly mopped, one such mopping having occurred only seven minutes before the accident. In light of this evidence, the motion court correctly concluded, as a matter of law, that defendants did not have a sufficient opportunity to remediate the hazard."