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LEMONDA v. SUTTON

268 A.D.2d 383 (2000)

702 N.Y.S.2d 275

JAMES LEMONDA et al., Appellants, v. ELIE SUTTON et al., Respondents and Third-Party Plaintiffs, et al., Third-Party Defendant. ELIE SUTTON et al., Second Third-Party Plaintiffs, v. PERFECT MAINTENENCE BUILDING CORP., Second Third-Party Defendant-Respondent.

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

Decided January 27, 2000.

It is well settled that on a second third party-defendant's motion for summary judgment, we must accept a plaintiff's pleadings as true and view the facts in a light most favorable to plaintiff (Henderson v City of New York, 178 A.D.2d 129, 130). To establish a prima facie case on a slip and fall, plaintiffs herein must show that the defendants either created a dangerous condition (

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