Retail store entitled to summary judgment based on surveillance showing employee walking by accident area and testimony that she did not observe any spills.

The appellate division affirmed the trial court’s decision granting summary judgment to a retail store in a slip-and-fall on water accident. The court’s decision was based on store surveillance, and the corresponding deposition testimony of a store employee, which showed a store employee walking through the accident area just before the accident and not seeing any spilled water. Therefore, the court found that the store did not have constructive notice of the spill and that it was not visible and apparent, both of which are requirements for liability.

_{Case Law Alerts, 3rd Quarter, July 2017}

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