SUNDAY, JUNE 15 – Partner Andrew Kaufman recently obtained a dismissal on appeal for the YMCA of Greater New York. The Appellate Division, First Department reversed an order that denied summary judgment to the YMCA in a locker room accident. On appeal, the Appellate Division determined the YMCA established, through the deposition testimony of the property manager and the affidavitĀ of the locker room attendant on duty that day, Ā that it did not have actual or constructive notice of the alleged wet condition that caused the plaintiff to fall. Of note, the Appellate Division held that because the attendant proffered an affidavit wherein she recalled the specifics of the day, the YMCA did not have to produce a log of its cleaning and maintenance activities to establish its prima facie case. It also held the plaintiffsā submissions in opposition, including from an expert, were insufficient to raise a triable issue of fact. Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā
