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CAPELLI v. PRUDENTIAL BLDG. MAINT. OF NEW YORK

99 A.D.2d 501 (1984)

Elizabeth L. Capelli, Respondent, v. Prudential Building Maintenance of New York, Appellant, et al., Third-Party Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 16, 1984

Interlocutory judgment affirmed, with costs.

In the circumstances of this "slip and fall" case, it cannot be said that, as a matter of law, plaintiff was negligent or assumed the risk of injury by walking across the wet floor (see Friedman v City of New York, 25 N.Y.2d 764; Cesario v Chiapparine, 21 A.D.2d 272). Nor can it be said that the jury's conclusion that plaintiff was not...

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