MUTO v. ROMAN CATHOLIC CHURCH OF ST JOHN THE EVANGELIST

Reset A A Font size: Print

Eleanore MUTO, Plaintiff-Respondent, v. ROMAN CATHOLIC CHURCH OF ST. JOHN THE EVANGELIST and St. John the Evangelist Church of Greece, Defendants-Appellants.

Decided: December 30, 2009

PRESENT: HURLBUTT, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ. Charles A. Hall, Rochester, for Defendants-Appellants. The Kammholz Law Firm, Fairport (Bradley P. Kammholz of Counsel), for Plaintiff-Respondent.

Plaintiff commenced this action seeking damages for injuries she sustained when she allegedly tripped on a floor mat on property owned and occupied by defendants, causing her to fall. Contrary to the contention of defendants, Supreme Court properly denied their motion for summary judgment dismissing the complaint. By their own submissions, defendants raised a triable issue of fact whether they had notice that the condition of the floor mat on the day of plaintiff's fall rendered it a tripping hazard (see Groth v. BJ's Wholesale Club, Inc., 59 A.D.3d 1086, 872 N.Y.S.2d 828; cf. Quinn v. Holiday Health & Fitness Ctrs. of N.Y., Inc., 15 A.D.3d 857, 789 N.Y.S.2d 782; see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: