FAGAN v. DIME SAVINGS BANK


257 A.D.2d 357 (1999)

683 N.Y.S.2d 62

HATTIE FAGAN, Respondent, v. DIME SAVINGS BANK, Appellant and Third-Party Plaintiff-Respondent. ANCHOR MAINTENANCE SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided January 5, 1999.


Evidence submitted by plaintiff in opposition to the motions of Dime and Anchor for summary judgment, indicating that on the days immediately preceding Plaintiff's fall snow removal measures had been taken outside the subject bank branch, raise triable issues of fact as to whether such measures were performed negligently. Therefore, summary judgment dismissing the complaint was properly denied. Also properly denied was third-party plaintiff Dime's motion for conditional summary...

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