In Kramer v. SBR & C, the plaintiff claimed that she slipped and fell on food that had fallen to the floor in a catering hall. The plaintiff claimed that after the cocktail hour ended, an employee of the defendant moved the food table off the dance floor. Approximately 45 minutes later, as she was dancing on the dance floor, the plaintiff fell and noticed several strawberries were crushed on the floor. The plaintiff claimed that the strawberries fell from the table moved 45 minutes before the accident, thereby providing the defendant’s with ample notice of the condition.

The Second Department held that the defendants were entitled to summary judgment because the plaintiff did not see any strawberries fall from the table to the floor prior to her accident, nor did her husband, who had watched the employee move the table. Finally, summary judgment was appropriate because the plaintiff was not aware of anyone else who was injured as a result of the strawberries or of any complaints pertaining to the strawberries on the floor.

Thanks to Maju Varghese for his contribution to this post.

http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03699.htm