If a Picture is Worth a Thousand Words, what is a Video Worth? Summary Judgment!

Carolina Tramuta v. Best Market of Commack, Inc.; Index No.: 601719/2018; (April 6, 2022)

This case arose out of a slip and fall at one of our client’s supermarkets. The incident was captured on surveillance video.

Along with our motion papers, we submitted the surveillance video of the incident to refute plaintiff's claim that she fell as a result of a hazardous condition - namely a piece of plastic on the floor.

Notably, the Court disregarded Plaintiff’s argument that the failure to provide evidence of the last inspection of the area created an issue of fact as to constructive notice. We successfully argued that the video recording of the incident demonstrating the condition of the floor prior to the incident satisfied any such burden.

In its decision, the court noted that “[p]laintiff’s contention that she slipped or tripped on a piece of plastic does not create a material question of fact, as such contention is utterly refuted by the surveillance video.”