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MORRIS v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.

262 A.D.2d 135 (1999)

690 N.Y.S.2d 443

HAZLETTE MORRIS, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO. et al., Defendants. HAZLETTE MORRIS, Appellant, v. NATIONAL CLEANING CONTRACTORS, Respondent.

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

Decided June 15, 1999.

The untimely filing of the motion was properly excused in view of the parties' settlement negotiations (see, Acosta v 888 7th Ave. Assocs., 248 A.D.2d 284). On the merits, plaintiff's theory that defendant's cleaning procedures were inadequate to address an ongoing and dangerous condition is not supported by any evidence other than the existence of grease spots necessarily incidental...

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