CHALAS v. GRASS ROOTS KITCHEN LLC (2024)

Supreme Court, Appellate Division, First Department, New York.

Jose Starly Acosta CHALAS, Plaintiff–Respondent, v. GRASS ROOTS KITCHEN, LLC, et al., Defendants–Appellants.

1415

Decided: January 11, 2024

Renwick, P.J., Manzanet–Daniels, González, Rodriguez, Pitt–Burke, JJ.

Methfessel & Werbel, New York (Fredric P. Gallin of counsel), for appellants. Michael H. Zhu, P.C., New York (Michael H. Zhu of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.) entered April 11, 2023, which denied defendants motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

This personal injury action stems from plaintiff's slip and fall on a greasy substance on the floor of the walk-in refrigerator of the restaurant operated by defendant Grass Roots Kitchen and located in the building owned by defendant Wildey Group LLC. Defendants failed to establish prima facie that they neither created nor had actual or constructive notice of the alleged hazardous condition (see Nugent v. 1235 Concourse Tenants Corp., 83 A.D.3d 532, 920 N.Y.S.2d 660 [1st Dept. 2011]). Defendants did not present evidence providing details regarding the last cleaning and inspection of the area before plaintiff's fall and failed to produce the witness who could testify as to those details and who was present in the restaurant at the time the accident occurred (see e.g. Porco v. Marshalls Dept. Stores, 30 A.D.3d 284, 817 N.Y.S.2d 268 [1st Dept. 2006]).

We have considered defendants’ remaining contentions and find them unavailing.

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