SUMMARY JUDGMENT – ULSTER COUNTY
6/4/2026 – Delanoy v. Stewarts and Unifirst
On November 16, 2023, at approximately 4:30 a.m., plaintiff alleges that she tripped and fell on a raised mat while exiting a Stewart’s Shops after making her purchase. Stewart’s Shops commenced a third-party action against Unifirst as the supplier of the mat in question. The defendants filed a motion for summary judgment to dismiss plaintiff’s complaint arguing that plaintiff cannot establish that a dangerous condition existed on the premises since another customer traversed the same area moments before plaintiff’s incident without any issues. Additionally, Stewarts staff opened the store within 30 minutes of plaintiff’s accident and confirmed that no dangerous conditions existed. Therefore, the Court agreed with Stewarts’ arguments that there is no evidence that a dangerous condition existed with regard to the mat in question and that there was no actual or constructive notice of any hazards on the premises. Chris Mauro argued on behalf of Unifirst that the subject mat was delivered one day before the plaintiff’s accident and was in the care, custody, and control of Stewarts for a sufficient period of time prior to the accident. Accordingly, the Court also dismissed all claims against Unifirst.

