O'ROURKE v. WILLIAMSON, PICKET, GROSS, INC.


260 A.D.2d 260 (1999)

688 N.Y.S.2d 528

MARTIN O'ROURKE, Appellant, v. WILLIAMSON, PICKET, GROSS, INC., et al., Respondents. WILLIAMSON, PICKET, GROSS, INC., Third-Party Plaintiff-Respondent, v. ARCADE BUILDING MAINTENANCE, INC., Third-Party Defendant-Respondent.

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

Decided April 20, 1999.


Absent any claim that defendants created or had actual notice of the one-foot-long, linear-shaped "smear" plaintiff saw after regaining his balance, and absent any evidence that there was any water on the floor near where plaintiff slipped other than this smear, there is no non-speculative basis on which to determine whether, and for how long, the smear was on the floor before plaintiff walked into the building, or, indeed, whether the water was dripped or tracked onto the...

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