On November 7, 2018, Supreme Court Justice Gerald Lebovits in Manhattan held that Starbuck's was liable, as a matter of law, for all damages suffered by a pedestrian who slipped and fell on an icy sidewalk in front of their store. It was undisputed that Starbuck's store manager observed vomit on the sidewalk in front of their store at 5:30 am and a shift supervisor poured hot water on the vomit in an attempt to clean the sidewalk. The accident occurred two and a half hours later and during that relevant time frame, the temperature (according to a certified weather report) was between 27-28 degrees.

It was also undisputed that prior to the accident, Starbuck's employees learned that pedestrian's were slipping and falling on the icy sidewalk, but neglected to post warning signs or take other measures to eliminate the dangerous condition. A damages trial will now be held for a jury to consider only - how much the pedestrian should be compensated for her injuries. Pastore v. Kayeley LLC and Starbuck's, 2018 WL 5823652