Gloria v. MGM Emerald Enterprises, Inc

In Gloria v. MGM Emerald Enterprises, Inc., 298 AD2d 355 (2nd Dept. 2002) plaintiff slipped and fell on a wet floor. Id. It was alleged that the floor became wet by patrons spilling drinks within the premises and that defendants were aware that patrons routinely spilled drinks on the ground. Id. it was further alleged that this was a recurrent condition. Id. The Court rejected the notion that these facts gave rise to a recurrent condition. Id. Unlike a leaky machine, unstable display, or leaks which caused rainwater to accumulate on stairs, a condition such as people spilling drinks on the ground cannot be guarded against in advance and requires notice of each occurrence to be remedied. Id. The Court held that this was not a recurrent condition. Id.