The mode-of-operation rule was first adopted by the New Jersey Supreme Court in 1964 in Bozza v. Vornado, 42 N.J. 355 (1964). In that case, the plaintiff claimed she slipped on "a sticky substance ...
In Aly, the mode of operation rule was applicable even though there was no evidence that defendant failed to provide lids for beverages or trays, or that the floor was in a generally littered ...