SMITH v. HENNESEY


266 A.D.2d 692 (1999)

698 N.Y.S.2d 346

GAIL SMITH et al., Respondents, v. KHALAN HENNESEY, Doing Business as CARPET MASTER DIVISION CLEANING, Appellant.

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

Decided November 10, 1999.


Graffeo, J.

Several days before the expiration of the Statute of Limitations, plaintiff Gail Smith and her husband, derivatively, commenced this action to recover damages arising out of Smith's slip and fall at her employer's premises. The complaint alleges that defendant was responsible for cleaning the floors at the premises and was negligent in doing so. Following joinder of issue, defendant moved to dismiss the complaint or, in the alternative, for summary judgment...

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