Delwara Haque, appellant, v. Duane Reade, Inc., respondent. (2010)

Submitted-December 22, 2009

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), entered June 9, 2009, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

By submitting proof that, in response to inclement weather, its employees had undertaken reasonable precautions such as periodically mopping the area where the accident occurred, the defendant met its initial burden of establishing its right to judgment as a matter of law (see e.g. Sook Ja Li v. Yi Mei Bakery Corp., 305 A.D.2d 579).   The plaintiff, in opposing the defendant's motion for summary judgment, failed to demonstrate the existence of any triable issue of fact.

The plaintiff's remaining contention concerning the alleged spoliation of evidence is without merit.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court