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SIMMONS v. METRO. LIFE INS. CO.

84 N.Y.2d 972 (1994)

646 N.E.2d 798

622 N.Y.S.2d 496

Lige Simmons et al., Appellants, v. Metropolitan Life Insurance Company, Defendant and Third-Party Plaintiff-Respondent. National Cleaning Contractors Division of Kinney National Services, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 13, 1994.

Attorney(s) appearing for the Case

Seligson, Rothman & Rothman, New York City (Martin S. Rothman of counsel), for appellants.

Carol R. Finocchio, New York City, for third-party plaintiff-respondent.

Michael Majewski, Mineola, for third-party defendant-respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The evidence presented at trial, even when considered in a light most favorable to plaintiffs, fails to establish a prima facie case of negligence. Although plaintiffs presented evidence that icy patches had been noticed weeks prior to the accident, no testimony was introduced that defendant was notified of these icy conditions. Additionally...

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