Kuchman v. Olympia & York, USA, Inc

In Kuchman v. Olympia & York, USA, Inc., 238 A.D.2d 381 (2nd Dept 1997), lobby mats had been placed in the building where the accident occurred due to rainy weather. During the deposition, the plaintiff testified that he slipped on something but could not identify the substance upon which he slipped. He did not see any water on the lobby mats or the floor, he did not look on the floor where he slipped before or after the fall but he testified that he believed that a wet substance caused the fall because the back of his raincoat was wet after the accident. The Second Department affirmed the summary judgment dismissal of plaintiffs' complaint in that case finding that there was neither proof of a defective condition nor any material issue of fact with respect to the existence of such a condition. The mere fact that the back of the plaintiff's clothing was wet after the fall was insufficient to raise a question of fact.