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MERTZ v. SEIBEL REALTY, INC.

265 A.D.2d 925 (1999)

696 N.Y.S.2d 598

MARK N. MERTZ et al., Respondents, v. SEIBEL REALTY, INC., Appellant, and NIAGARA MACHINE AND TOOL WORKS, Respondent.

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

Decided October 1, 1999.

Order unanimously affirmed with costs.

Memorandum:

Mark N. Mertz (plaintiff), who was employed by Seibel Modern Manufacturing & Welding Corp., was injured when he slipped and fell in a puddle of water that had accumulated on the floor of a factory owned by Seibel Realty, Inc. (defendant) and leased to plaintiff's employer. Plaintiff and his wife commenced this negligence action, alleging, inter alia, that defendant had actual notice of a leak in...

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