Appellate Division of the Supreme Court of the State of New York January 30, 2014 (Gomez v. J.C. Penny Corp.)

Plaintiff alleges that she slipped and fell on water near the bottom of an escalator going from the third to the second floor while shopping in a J.C. Penney store. Plaintiff does not contend that defendant created the wet condition, but alleges that it had actual or constructive notice of it through the presence of its employees in the area.