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Green v. Gracie Muse Restaurant Corp – Case Brief Summary (New York)

In Green v. Gracie Muse Restaurant Corp., 105 A.D.3d 578, 963 N.Y.S.2d 240 [1st Dept 2013), the Court held that defendant restaurant demonstrated that it had no notice of the slippery substance by submitting "the testimony of its manager who stated that on the day of the accident, he had been on duty for several hours before plaintiff's fall, and walked around and inspected the entire restaurant every three to four minutes.

He also testified that he did not see any spills of food, liquid, or debris on that day, and did not receive any complaints about such conditions. The hostess on duty at the time also testified that she did not receive any such complaints.

Moreover, the manager observed that the floor was clean and dry prior to the accident, and inspected the area where plaintiff fell shortly thereafter and saw that it was still clean and dry."

The court also noted that plaintiff did not observe a hazardous condition prior to her fall.