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SCHMIDT v. PROMASTER CLEANING SERVICE, INC.

281 A.D.2d 468 (2001)

721 N.Y.S.2d 680

MARIETTA SCHMIDT et al., Appellants, v. PROMASTER CLEANING SERVICE, INC., Defendant and Third-Party Plaintiff-Respondent. DIOCESE OF BROOKLYN et al., Third-Party Defendants.

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

Decided March 12, 2001.

Ordered that the judgment is affirmed, with costs.

The defendant had a cleaning and maintenance contract with the third-party defendant Visitation Academy, the injured plaintiff's employer. The injured plaintiff alleged that she slipped and fell on the premises of her employer as a result of a negligent application of wax which caused the floor to be excessively slippery. The defendant established that the contract was a limited undertaking for the performance of...

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