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LOTITO v. GENERAL MILLS RESTAURANTS, INC.

272 A.D.2d 300 (2000)

707 N.Y.S.2d 877

ROSEANNE LOTITO et al., Appellants, v. GENERAL MILLS RESTAURANTS, INC., Doing Business as OLIVE GARDEN ITALIAN RESTAURANT, et al., Respondents, and J. PETROCELLI CONTRACTING, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. PARKING AREA MAINTENANCE AND EXTERIOR SERVICES, Third-Party Defendant-Respondent.

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

Decided May 1, 2000.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

In their respective motions, the respondents demonstrated that they neither created the allegedly dangerous condition nor had actual or constructive knowledge thereof. The appellants, in opposition, failed to demonstrate the existence of any triable issue of fact (see, e.g., Albano v City of New York,

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