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DEL ROSARIO v. 114 FIFTH AVENUE ASSOCIATES

266 A.D.2d 162 (1999)

699 N.Y.S.2d 19

JULIAN DEL ROSARIO, Appellant, et al., Plaintiff, v. 114 FIFTH AVENUE ASSOCIATES et al., Respondents. DAKOTA REALTY INC., Third-Party Plaintiff, v. MERLITE INDUSTRIES, INC., Third-Party Defendant-Respondent.

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

Decided November 30, 1999.

Plaintiff, a janitor employed by third-party defendant commercial tenant in a building owned and managed by defendants, alleges that while mopping a washroom floor, he slipped and fell on water that had leaked from a toilet. The action was properly dismissed on the ground that the leaky toilet did not constitute a substantial structural defect for which the out-of-possession landlord and managing agent were responsible under the...

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