ROPPOLO v. MITSUBISHI MOTOR SALES OF AMERICA, INC.


278 A.D.2d 149 (2000)

718 N.Y.S.2d 322

LUIGI ROPPOLO et al., Respondents, v. MITSUBISHI MOTOR SALES OF AMERICA, INC., et al., Appellants. MITSUBISHI MOTOR SALES OF AMERICA, INC., Third-Party Plaintiff-Appellant, v. MANHATTAN BUSINESS INTERIORS, INC., Third-Party Defendant-Respondent.

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

Decided December 21, 2000.


Plaintiff testified at his deposition that while doing work on the roof, he slipped on a preexisting patch of ice that had been concealed by fresh snow that fell while he was on the roof, and that he had seen this patch of ice the day before. The lessee, a car dealership, pointed out that it was not a party to the contract between the owner and plaintiff's employer to renovate the building, and that it had not yet made use of or otherwise taken actual possession of the portion...

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