In Lawrence Jahn v. SH Entertainment, LLC, the court denied summary judgment to the defendant in a slip and fall case because the supporting affidavit did not establish that the defendant lacked constructive notice. The affidavit stated that the defendant and his staff performed walk-throughs during the event, which was held in a large open space, and  no slippery substances or dangerous conditions were found on the floor. The court noted that the affidavit failed to mention how often the floor was inspected or that defendant’s employees inspected the accident location prior to the accident. Thus, the First Department found that defendant not establish that it lacked constructive notice of the condition and affirmed denial of defendant’s summary judgment motion.

So keep in mind, affidavits concerning notice must be very specific to successful support a summary judgment motion.

Thanks to Alison Weintraub for her contribution to this post. If you have any questions, please email Paul at .