Macri v Fluor Enters., Inc.

Holding The Appellate Division reversed the lower court’s grant of summary judgment to Certa Pro, IBM, and Fluor Enterprises, finding that the plaintiff raised triable issues of fact regarding whether the defendants negligently created a dangerous condition by installing two visually identical walking surfaces without a warning. The court held that while the defendants established they did not know the flooring was slippery, the plaintiff’s expert evidence regarding improper application and lack of visual distinction precluded summary judgment.

The court’s words

the plaintiff raised triable issues of fact

2026 NY Slip Op 05301, at the official text

created an unsafe condition by installing two different types of walking surfaces

2026 NY Slip Op 05301, at the official text

which appeared identical, without an associated visual warning separating the two

2026 NY Slip Op 05301, at the official text

directing Certa Pro to install two different walking surfaces on the same loading dock floor

2026 NY Slip Op 05301, at the official text