ALAGNA v. MARSH & McLENNAN COMPANIES


263 A.D.2d 430 (1999)

693 N.Y.S.2d 132

PETER ALAGNA et al., Appellants, v. MARSH & McLENNAN COMPANIES et al., Defendants, and CUSHMAN & WAKEFIELD, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided July 29, 1999.


In light of plaintiff's deposition testimony that the area of carpeting upon which he tripped frequently had raised carpet squares and that he had personally observed employees of defendant managing agent Cushman & Wakefield making repairs to that same part of the carpeting, issues of fact were raised as to whether Cushman & Wakefield had notice, actual or constructive, of the defect to which plaintiff attributes his injury and as to whether it had sufficient control...

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