PEREZ v. FARRELL LINES INC.


223 A.D.2d 388 (1996)

637 N.Y.S.2d 360

Raymond Perez, Respondent, v. Farrell Lines Incorporated, Appellant

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

January 16, 1996


Defendant did not proffer evidence that there were any visible grease spots present in the area where plaintiff fell before the accident. Therefore, the court did not err in denying defendant's request to charge the jury on comparative negligence based on plaintiff's failure to clean up same before commencing his assigned task. At most, defendant showed that by proceeding with his assigned task on a rainy day under slippery conditions, plaintiff assumed a risk inherent in...

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