Aquino v. Kuczinski, Vila & Assoc., P.C – Case Brief Summary (New York)

In Aquino v. Kuczinski, Vila & Assoc., P.C., 39 A.D.3d 216, 219, 835 N.Y.S.2d 16 (1st Dept 2007), the plaintiff slipped and fell on vomit in front of a security guard and then slipped and fell on the vomit a second time when she tried to stand up. Id. at 217.

The First Department granted the defendants' motion for summary judgment dismissing the complaint, holding that the defendants did not have a sufficient opportunity to remedy the dangerous condition of the vomit after allegedly receiving notice of the condition from the first accident as the second accident occurred almost "instantaneously" after the first accident and the plaintiff was still on the floor in the midst of the vomit after the first accident. Id.