EDWARDS v. MERRILL LYNCH & CO., INC.


253 A.D.2d 656 (1998)

677 N.Y.S.2d 552

Steven Edwards, Respondent, v. Merrill Lynch and Co., Inc., Defendant, and Marriott Corporation, Appellant

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

September 17, 1998


We agree with the motion court that triable issues exist as to whether the ice that allegedly caused plaintiff to slip and fall and thereby to sustain injury came from a beverage cart operated by Marriott. Evidence showing that the cart had been within a few feet of the spot at which plaintiff fell some 20 minutes later permits the inference that the ice originated from the cart. We note, however, that Marriott may not be held liable for plaintiff's injuries unless it is...

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