MUTUAL LIFE INS. CO. OF NY. v. CEDAR CREEK INC.

No. 96-2695.

694 So.2d 154 (1997)

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a foreign corp. and Syndicon Asset Management Inc., a Florida corp., Appellants, v. CEDAR CREEK INC., a Florida corp., Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 1997.


Attorney(s) appearing for the Case

Richard S. Zaifert of Richard S. Zaifert, P.A., Fort Lauderdale, for appellants.

Neil Rose, North Bay Village and Joel E. Bernstein of Bernstein & Chackman, P.A., Hollywood, for appellee.


SHAHOOD, Judge.

This appeal arises from entry of final summary judgment in favor of third party defendant, appellee, Cedar Creek, Inc. We reverse and remand, finding that appellee did not carry its burden of conclusively demonstrating the absence of genuine issues of material fact.

Plaintiff, Palma Marano ("Marano"), filed an action for negligence and damages for personal injuries caused by slipping and falling in a pool of water in an area of a shopping mall...

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