NRECAJ v. FISHER LIBERTY CO.


282 A.D.2d 213 (2001)

723 N.Y.S.2d 26

JAK NRECAJ, Respondent, v. FISHER LIBERTY CO. et al., Defendants and Third-Party Plaintiffs, and BANKERS TRUST COMPANY, Appellant and Third-Party Plaintiff-Appellant. UNIVERSAL MAINTENANCE CORP., Third-Party Defendant-Respondent.

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

Decided April 3, 2001.


Clear issues of fact exist as to the extent to which defendant retained supervisory control over building maintenance, including, in particular, the safety measures to be taken when inclement weather caused wetness to be tracked into the building, and as to whether defendant had actual and/or constructive notice of the melted snow on the lobby floor that allegedly caused plaintiff to fall. Such issues of fact preclude summary judgment in defendant's favor on either its defense...

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